Are you looking for a new car but want to save time in looking for competitive bids? Here at CarBuckets, we know your time is valuable, which is why we created a platform to help you get a great deal on your new automobile (referred to as a “Vehicle” throughout this Agreement). Registering for a “CarBucket” means that you will join a group of car buyers interested in buying or leasing the same make of Vehicle that you are looking for in your market.
Moreover, with CarBuckets, price transparency is our ultimate promise to you. When you receive your CarBuckets “Final Price” (contained in the “Winning Bid”), you can expect a detailed breakdown of pricing details for your vehicle. Dealerships who participate in the Service have agreed to abide by our Dealership Code of Conduct, which prohibits any form of price bumping. As used herein, the Final Price for the Vehicle offered to you by a Dealership is the price that you will pay to drive home (excluding tax, tag, and title), subject to the limited exclusions contained in this Agreement. While our Service is free to our Users, Users agree that, by joining a CarBucket, they are expressly agreeing to allow CarBuckets to share their Personal Data with the Winning Dealership in order to facilitate a CarBuckets Test Drive. Any and all information contained on our Site is for informational purposes only. CarBuckets is not responsible for the accuracy of any information provided by our third-party affiliates, including data providers such as Chrome Data, payment processing services such as Stripe or any Dealerships. (“Third-Party Service Providers”). CarBuckets is not affiliated with any Third-Party Service Provider and cannot guarantee the accuracy of any information provided by them. Any and all transactions related to the purchase or lease of a Vehicle are a contract between you and the applicable Dealership. CarBuckets assumes no responsibility for a User’s interaction with a Dealership, including but not limited to the purchase or lease of a Vehicle and Users agree to indemnify and hold CarBuckets harmless for any interaction or transaction undertaken with a Dealership once a Winning Bid is provided on the Site.
For the avoidance of doubt, CarBuckets is solely a research and communications platform. The images provided on the Site are shown for illustration purposes only and do not reflect the final Trim or accessories packages that may be available to you from the Dealership. CarBuckets is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. Any brand names or logos, particularly those relating to the make and model of a vehicle, contained on the Site are the property of their respective owners. CarBuckets receives a fee from the participating Dealerships and may receive fees from Third-Party Service Providers in connection with the Services. You also agree to indemnify and hold CarBuckets harmless in connection with any claim that CarBuckets is acting as an automotive dealership or broker, as such terms are defined by applicable state law.
Registration with the Service; Joining a CarBucket; Cash Rebates.
Access to the Site requires you to register an account with us and provide certain information in connection therewith (“User Account”). When you use the Service, we will ask you to provide your desired brand or “make,” of the Vehicle, model, year, transmission style (where both automatic and manual options are available), as well as your preferred color and a backup color. Users can select a specific Trim (“Trim”) for their model or they can select “any Trim”. In the case that a User selects “any Trim”, Dealerships will be able to provide a quote for any Trim available for that make and model.
If the Service is available in your area but we do not have any Dealerships who can provide quotes for your requested brand or “make”, you will be notified by email. If the Service is not available in your area, you will be notified by e-mail and we will notify you when that make is available in your market.
If Users select “any Trim” in the sign-up process, Users expressly acknowledge and agree that they will not have the option to choose the Trim for a Vehicle (“Trim”). Trim levels (or grades) are simply different versions of the same model with different features and equipment. Dealerships are allowed to choose the Trim for your Vehicle from their stock or through a Dealer Trade. If a User selected a specific Trim, and that Trim is not available at a participating Dealership, they will be required to select a higher (more expensive) Trim option to present to you.
Users also recognize that a specific color indicated on our Site may not be available from the Winning Dealership. Selection of Trims and final colors for each Vehicle, and pricing in connection with the Trim of any certain Vehicle lies solely with the Dealership. CarBuckets cannot guarantee the availability of a model/Trim at any Dealership. We will make every effort to match Users with their desired Vehicles, but Vehicle inventory changes daily and supply levels are constantly changing.
Users may, after taking his or her CarBuckets Test Drive, choose a different Vehicle, upgrade their Vehicle or choose additional add-ons. Users acknowledge that any changes, upgrades or add-ons selected by the User at the Dealership will likely change the Final Price that a User received on the Site. Dealerships are only required to honor the pricing in the Winning Bid for the specific make, model and Trim that is offered to you through the Site. CarBuckets disclaims any liability for a User’s selection of their final Vehicle at the Dealership.
Once you have completed the Vehicle selection process, you will be able to determine whether you may qualify for any available manufacturer rebates or similar incentives (“Cash Rebates”). You will be asked to select whether you want to lease or purchase your car. Then you will be asked to input your zip code so we can provide you with available cash rebates for your desired model. Cash Rebates may vary depending on whether or not a User desires to purchase or lease their Vehicle.
Information regarding Cash Rebates is provided by Chrome Data and other third-party affiliates. CarBuckets does not guarantee the availability of or your eligibility for any Cash Rebates. Cash Rebates will not be displayed if there are no Cash Rebates currently available for the Vehicle you selected. However, you may wish to inquire with the Dealership as to the availability of any additional Cash Rebates which were not displayed on the Website. You must carefully read the eligibility requirements in each disclaimer in order to ensure that you are only selecting Cash Rebates for which you actually qualify. The information that you provide on the Site regarding Cash Rebates will be reflected in your Final Price. Similarly, CarBuckets is not responsible for your failure to receive a Cash Rebate, even if you were ultimately eligible for one at the time of purchase or Lease. You are strongly encouraged to discuss the availability of and your eligibility for any Cash Rebates with the Dealership at the time of your CarBuckets Test Drive. In the event that you choose a Cash Rebate on the Site and the Dealership determines that you do not qualify, any Cash Rebates set forth in the Winning Bid will be removed from your Final Price.
By using this Site you expressly agree that the availability of and your ultimate eligibility for any Cash Rebates will be determined by you and the applicable Dealership or manufacturer, as the case may be, at the time of your purchase or lease. If you discover an error in any information on our Site, including inaccurate information regarding Cash Rebates, please contact us at email@example.com.
Activation of your CarBucket
Following your registration with the Service, we will match your location and requested Vehicle brand with other Users who have registered to use the Service. If your location and Vehicle brand is the same as other Users, you will be placed in a “CarBucket” with those other Users. Every Tuesday, your CarBucket will be “activated” and Dealerships who sell that brand of Vehicle in your area will place their bids for the Vehicles in your CarBucket. The number of Users required to activate a particular CarBucket depends on a number of factors, which are determined by CarBuckets, in its sole and absolute discretion. You can check the status of your CarBucket at any time by logging in to your User Account. We will also send you an email and a text message notifying you when your CarBucket is activated. Activation of your CarBucket does not mean that you are required to buy a Vehicle. However, you will be required to visit the winning Dealership (“Winning Dealership”) during the CarBuckets Test Drive Dates, as described below.
CarBuckets Test Drive and Sales Dates.
Following activation of your CarBucket, or, if your CarBucket is active at the time you register, once Dealerships complete the Bidding Process, in which Dealerships compete for your business, you will be immediately sent a text message and e-mail containing your Winning Bid Notice in which we will provide you with information about the Dealership that has provided the lowest overall bid (namely the Lowest Volume Price for all Vehicles in your CarBucket) (“Winning Bid”), the make, model and Trim of your Vehicle and Final Color and Price for your Vehicle. The email will also contain a breakdown of the final price for each User’s car, the Trim and color selection, a stock picture of the final Vehicle, and the winning Dealership’s contact information (“Winning Bid Notice”).
Please keep in mind that images of the Vehicle are shown for illustration purposes only; the final Vehicle that you will be able to purchase from the Dealership may vary from the displayed images depending on your Trim and accessory package selections. Upon receipt of the Winning Bid Notice, you will have five (5) days to set an appointment at the winning Dealership to test drive the Vehicle (“CarBuckets Test Drive”). Dealerships will contact you directly, as further set forth herein. If you do not receive a notification from the Winning Dealership within five (5) days from your receipt of the Winning Bid Notice, please contact CarBuckets immediately. You may select and change the day and time that works for you, however, the date and time of your CarBuckets Test Drive must be within five (5) days of receipt of the Winning Bid Notice. Upon your receipt of the Winning Bid Notice, CarBuckets will share your Personal Data with the Dealership that provided Winning Bid for your CarBucket in order that the Dealership coordinate the scheduling of your CarBuckets Test Drive. CarBuckets will not share your Personal Data with any other third-parties or with Dealers that did not submit the Winning Bid.
You hereby expressly agree that in order to take a CarBuckets Test Drive, that you are of legal age to drive in the State where the CarBuckets Test Drive is located and that you hold a legal and valid Drivers’ License.
Waiver of Guarantees.
CarBuckets does not guarantee that the price available to you through the Website will be the lowest or best price available for your Vehicle. We cannot and do not guarantee that your CarBucket will be activated or that participating Dealerships will offer discounts to Users of the Service.
If, after your CarBucket is activated, we are unable to identify a participating CarBuckets Dealership that is willing to provide a price quote or if no Winning Bid is obtained, your CarBucket will be terminated and we will notify you accordingly. In such an event, no Personal Data will be shared and CarBuckets will have no liability for any such failure to provide a Winning Bid. You may join another CarBucket at any time, subject to your agreement to be bound by the terms hereof.
CarBuckets uses its best efforts to ensure that Dealerships will abide by the Dealership Terms and Conditions and Dealership Code of Conduct. However, Users expressly acknowledge and agree that CarBuckets does not have any control over the conduct of a Dealership. You also acknowledge and agree that your agreement to lease or purchase any Vehicle is made directly with the Dealership. CarBuckets does not assume any role or responsibility in connection with such lease or purchase. CarBuckets acts solely as a communication platform between Users and Dealerships. Your rights and remedies against CarBuckets are limited to those set forth herein and you expressly agree to indemnify and hold CarBuckets harmless in connection with your purchase or lease of a Vehicle through our Service or any other interaction with a Dealership after CarBuckets provides you with a Winning Bid Notice.
By entering your wireless telephone number, you are confirming your consent and permission for CarBuckets to send you text messages. Message and data rates may apply. You may reply “STOP” to end text messages.
The Service is not provided to Users who are under eighteen (18) years of age, or who are under the applicable legal age of majority in their jurisdiction. The Service is only available to Users in the United States of America. You are not authorized to access our Site, use the Services or register for a User Account if you are outside of the United States of America.
You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
Operation of the Service.
Intellectual Property Rights.
Cancellation of User Accounts by CarBuckets.
Cancellation of your User Account by You.
You may close your User Account at any time by going to your account settings and disabling your User Account or by notifying us, with Seventy Two (72) hours advanced notice, at firstname.lastname@example.org, subject to your completion of any CarBuckets Test Drive, which you may be required to complete from time to time. This Agreement will survive the termination of your User Account.
You are solely responsible for any data, information, text, messages, or other materials you upload or submit to the Service (“User Content”). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third-party; and will not cause injury to any person or entity. You are solely responsible for the User Content you submit in connection with the Service, and CarBuckets assumes no liability for any User Content submitted by you. For any User Content you submit, you grant to CarBuckets a non-exclusive, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content all without compensation to you, solely as necessary to provide the Service to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. Information that can be used to personally identify you that you provide in connection with the Service will not be considered User Content and will be handled in accordingly with our Privacy Policies.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Service for any purpose.
Disclaimer of Warranties.
THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE AND/OR ANY MOBILE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARBUCKETS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, CARBUCKETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS TO (I) THE CONTENT POSTED BY OR PROVIDED BY ANY THIRD-PARTY ON THE CARBUCKETS SITE, (II) THE VEHICLES AND VEHICLE DESCRIPTIONS OR ANY OTHER GOOD OFFERED FOR SALE USING THE SERVICE, (III) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE CARBUCKETS SITE, AND (IV) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY, INCLUDING ANY DEALERSHIP, YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE CARBUCKETS SITE OR (I) THAT THE CARBUCKETS SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARBUCKETS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CARBUCKETS SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARBUCKETS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE CARBUCKETS SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE CARBUCKETS SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
IN ADDITION, CARBUCKES DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARBUCKETS OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability.
IN NO EVENT SHALL CarBuckets BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, including any lost profits, lost data, or lost savings, whether based on breach of contract, breach of warranty, tort or any other legal theory, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the Service OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES provided through the Service, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CarBuckets OR ITS THIRD-PARTY SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL CarBuckets’ AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO CARBUCKETS, IF ANY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold CarBuckets and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Services or the services or goods obtained through your use of the Services; (ii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit to the CarBuckets Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the CarBuckets Site or other websites to which the CarBuckets Site is linked; (v) any transaction with a Dealership in connection with the Service; (vi) any and all acts, circumstances or omissions which take place at the Dealership, in connection with your visit to a Dealership and/or in connection with your CarBuckets Test Drive; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Site.
Governing Law and Jurisdiction.
You agree that your use of the Service shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law rules. The courts of Miami-Dade County Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement that is not subject to Arbitration.
Arbitration Agreement and Waiver of Class Remedies
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Thirty Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to the following address: CarBuckets, 2200 NW 2nd Avenue, Unit 104, Miami, FL 33127. Attention: Accounts Department. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
No Oral Modifications.
Third Parties and Third-Party Beneficiaries.
No Agency Created.
Nothing contained in this Agreement creates any agency, partnership, joint venture, or employment between a Consumer and CarBuckets. Consumers shall not have authority of any kind to bind CarBuckets.
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
CarBuckets shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond CarBuckets’ reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation or any other cause of Force Majeure, as defined herein.
You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Service through posting of notices on the Service. You agree that all agreements, notices, disclosures, and other communications that CarBuckets provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Last Updated: February 8, 2019