These terms and conditions, along with any documents incorporated by reference (collectively, "Terms of Service") govern your use of and access to the Services, including:
In these Terms of Service, the following terms have the specified meanings:
"We," "us," "our," and "NXCR" means NXCR Services, LLC, and/or its current or future affiliates, agents, assignees, and service providers.
"You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any mobile application, product, service, or account that you download, request, administer, use, or access from or with us.
"Services" refers to any product or service made available through or by NXCR.
PLEASE NOTE THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 14 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS PER SECTION 14.
1. Acceptance of Terms of Service.
We may revise and update these Terms of Service from time to time. We will provide notice of the updated Terms of Service by posting a notice and the revised terms on the App and/or Website.
We want to make the App as useful and efficient as possible. We reserve the right to change, amend, or update the contents, operation, or any other features of the App or any or all of Services at any time in our sole discretion and without notice, except as required by law. Note you may need to update to the latest operating system of your mobile device or install the updates to the App to continue using the App. We will not be liable if for any reason all or any part of the App or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or the App to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of and comply with these Terms of Service.
3. Accessing and Using the App/Services.
You agree that your access and usage of the App will comply with all applicable federal, state, and local laws, including the California Consumer Privacy Act of 2018, and any industry guidance that may be applicable.
When you download our App, you may do so through a third party's app store to your mobile device solely for your own personal, non-commercial use. Subject to your acceptance of these Terms of Service and other agreements between you and us, we hereby grant to you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the App only in the United States, and certain third party or other platforms accessible through the Services. We are offering the App to use for your own personal use, but you should be aware that you cannot send it on to anyone else, and you're not allowed to copy or modify any part of the App or our trademarks in any way. You are also not allowed to use any robot, spider, crawl, scraper or other automated means to use or access the App. You agree to only use the App on a device or product that runs the operating system for which the App was intended and in compliance with the applicable app store's terms of service or its equivalents. You acknowledge that these Terms of Service are between you and us and not the applicable app store. We may stop providing the Services or the App, and may terminate use of it at any time without giving notice of termination to you. Upon termination, the rights and licenses granted to you in these terms will end.
To use the App, you must provide your own access to an active internet connection via a wireless network and pay any cellular or data service, communication, use, access and connection fees as may be applicable with such network access. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for the full functionality of the App if you don't have access to the internet. If you're using the app outside of Wi-Fi, the terms of agreement with your mobile network provider will still apply. Data and/or roaming charges may apply.
To access the Services, you may be asked to provide certain registration details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of the Services that all the information you provide is correct, current and complete, and you agree to maintain and update your user account information, if any, as soon as possible as it changes. The App stores and processes personal data that you have provided to us so that you can conduct business with us. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to keep your phone and access to the App secure, including protecting your username and password, if any. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with the Services. You must notify us immediately if you suspect fraudulent activity on your account, the App, or the Services.
We display vehicle inventory information provided by licensed motor vehicle dealers with whom we have agreements, so that you can browse through the available vehicles of multiple dealers. Our App allows you to shop from eligible vehicles based on a prequalification. Once you have selected a vehicle, we will make a final determination on approval for our program. Please note any preowned vehicle is subject to prior sale. For the avoidance of doubt, we are not a vehicle broker or agent for vehicle sellers or dealers. Until you sign a final contract with us, you are not required to accept any vehicle and you may select another vehicle or a traditional form of financing. You always have the right to lease, purchase, or otherwise obtain a similar vehicle from a traditional financing source at a different price.
Through the App and as part of the Services, we utilize third party vendors in order for us to pre-qualify you and to show you what vehicle payment options are available to you from us based on the information you provided. You acknowledge and agree that pre-qualification is not a credit application, and does not affect your credit score. You understand prequalification is an estimate based upon preliminary information and is not a guarantee of final pricing. We make a final decision once you select a vehicle, we verify your information, and you consent to a full credit check, subject to market conditions.
Once you select a vehicle and are ready to proceed, the information provided by you through the App along with your electronic consent will be considered your application. We will rely in part on this information to evaluate your eligibility for the NXCR program. You understand that we may keep your application and any other information provided by you in the processing of your request for any required retention period, whether or not you are approved.
Products and services may not be available in all states.
4. Electronic Communications.
You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. Message and data rates may apply. You may withdraw your consent from account related texts by replying STOP at any time to any account related text received from us. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. The App, the Services, and their contents, features and functionality and all intellectual property located on the App or in the materials published or otherwise made available through the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the App and the Services for your personal, non-commercial use only. Except for the Communications as specified in these Terms of Service, you may not reproduce, reverse engineer, attempt to extract the source code, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the App. You also may not use any robot, spider, crawl, scraper or other automated means when using or accessing the App.
These terms do not grant you the right to use any branding or logos used in our Services. You should not remove, obscure, or alter any legal notices displayed in the App or along with our Services.
6. Prohibited Uses.
You may use the App or the Services only in accordance with these Terms of Service. You agree not to use the App or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App and the Services, or which, as determined by us, may harm NXCR or users of the App or the Services or expose them to liability.
You must not modify copies of any materials from the App or related to the Services; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App or related to the Services. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App or Services in breach of these Terms of Service, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or Services is transferred to you, and all rights not expressly granted are reserved by us.
Additionally, you agree not to use the App or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App or the Services, including their ability to engage in real time activities through the App or the Services; use any robot, spider or other automatic device, process or means to access the App or the Services for any purpose, including monitoring or copying any of the material on the App or the Services; use any manual process to monitor or copy any of the material on the App or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the App or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App or the Services, the server on which the App or the Services are stored, or any server, computer or database connected to the App or the Services; and otherwise attempt to interfere with the proper working of the App or the Services. Should you use this App to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user's right to use the App.
You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Services to circumvent or exceed account limitations or requirements; (iii) use the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Services.
8. Third Party Service Providers.
We do not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third party through the Services, App, or Website. If you use any product or service offered by a third party in conjunction with the Services, App, or Website, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third party product or service; (ii) we do not control the third party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third party.
Subject to these disclaimers, we may use certain third party service providers to gather data and authenticate information regarding you, your device, and your accounts. In some instances, this may require you to accept third-party software tools and products through the Services. You further agree we may place cookies and other identifiers on the mobile devices you use to access the Services, as specified in these Terms of Service or in the Services.
You provide log-in credentials (“Credentials”) to your accounts at your own risk. By using our Services, you agree that the data sources that maintain your accounts and any third parties that interact with your Credentials or account data in connection with our Services are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our Services (including negligence), except to the extent such liability cannot be limited under applicable law. Data sources make no warranties of any kind related to the data provided by our Services - whether express, implied, statutory, or otherwise. Except for any PDFs of official account documents we retrieve on your behalf and provide to you without alteration, no data provided by our Services is an official record of any of your accounts.
The App and the Services are offered and available to users who are 18 years of age or older. Further eligibility requirements must be met to obtain a vehicle. By using this App or accessing the Services, 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 all of these requirements, you must not access or use the App or the Services. You further represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
10. Updating Your Information.
You agree to update your contact information with us, including your email address, through the account settings in the App. We may require that you update your App and/or Website account password and/or username from time to time.
These Terms of Service will be in effect from the date you agree and at all times while you're accessing or using the App or Services. Either you or we can terminate these Terms of Service at any time and without notice, though certain terms and obligations (as described in certain sections, such as Section 14) may survive the termination of the Terms of Service.
12. Communications in Languages Other than English.
Please note, we may be unable to fulfill Services in a language other than English. Our communications to you may be in English only. If you are not fluent in English, please consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.
13. Governing Law.
Except for the Arbitration Agreement in Section 14, all matters relating to these Terms of Service shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
14. Dispute Resolution: Arbitration Agreement and Class Action Waiver
This section constitutes the arbitration agreement between you and us ("Arbitration Agreement") and includes a jury trial waiver and a class action waiver. This means that if a dispute is arbitrated, you are giving up your right to go to court to assert or defend your rights under these Terms of Service. You are also giving up your right to bring or participate in a class action in court or in class-wide arbitration. This section governs disputes arising from or related to these Terms of Service, your use of the Services, your access to and use of the App and any transactions or relationships resulting from any of the foregoing (the "Covered Disputes"). A dispute is generally any unresolved disagreement between or among you and us, and all such matters will be decided by arbitration. The term Covered Disputes shall be broadly interpreted and includes initial claims, counterclaims, cross- claims and third-party claims, and disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity. However, any dispute concerning the validity or enforceability of this Arbitration Agreement or the arbitrability of any claim or dispute is not a Covered Dispute and shall be for the court, not an arbitrator, to decide; whereas, any dispute concerning these Terms of Service as a whole is for the arbitrator, not a court, to decide.
For purposes of this Arbitration Agreement, the terms "we," "us" and "our" also include our officers, directors, employees, agents, affiliates, successors, and assigns.
The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the basis of his or her award. If you demand arbitration first, you will pay the claimant's initial arbitration filing fees or case management fees required by the applicable rules up to $250, and we will pay or reimburse you for any additional initial filing fee or case management fee. We will pay the entirety of the filing fees and/or case management fees if we demand arbitration first. We shall pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. You may ask the applicable arbitration administrator to reduce or waive your fees, or ask us to voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim. We will always pay any costs and fees required by applicable law or that are necessary to enforce this Arbitration Agreement.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other relief) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
You and we each acknowledge and agree that in this relationship:
15. No Agency Relationship.
Except where provided for in a separate agreement between or among you and us, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Service. Without limiting the foregoing, except as expressly set forth herein, we are not acting and do not act as an agent for any user of the Services.
16. Third Party Links.
If the App or Services contain links to or accepts links from other sites and resources provided by third parties, these are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third party resources, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such websites. Any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource.
17. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that the App or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of Liability.
IN NO EVENT WILL WE OR OUR LICENSORS, OR OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To fullest extent permitted by law, you agree to defend, indemnify and hold harmless us and our licensors, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to, a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us, any fraud, manipulation, or other violation of these Terms of Service or the Services, your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights, or any use of the App, its content, the Services and products other than as expressly authorized in these Terms of Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Each of the terms in these Terms of Service stands alone, and any term or condition that is inconsistent with the laws governing the Services or the App will be deemed to apply in a manner consistent with such laws. Except as set forth in the Arbitration Agreement in Section 14, if any provision of these Terms of Service or portion thereof is held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or severed in such manner as to render the remainder of the Terms of Service to be legal and enforceable to the maximum extent permitted under applicable laws.
You may not assign these Terms of Service without our prior written consent but these Terms of Service may be assigned, transferred, delegated, and sublicensed by us. Any purported assignment in violation of this section shall be void.
Headings are for reference only and don't define, limit, construe, or describe the scope or extent of a section.
We may agree to waive a provision of these Terms of Service, but any such waiver is not effective unless it is in a writing signed by us. Any such waiver shall not be deemed to be a waiver of any future occasion. And any failure to enforce any aspect of these Terms of Service shall not be construed as a waiver, without a written waiver signed by us.
The words "include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples â€“ the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
Any and all rights not expressly granted to you are hereby reserved by us.
21. Contact Us.
If you have any questions about these Terms of Service, or have any other feedback, comments, requests for technical support and other communications relating to the App, we invite you to contact us at: email@example.com. We will do our best to respond promptly and to try to resolve any issue.