Usage Terms And Disclaimers

Usage Terms and Disclaimers

These Terms of Use apply to websites owned and operated by Autobytel Inc., 18872 MacArthur Blvd., Suite 200, Irvine, California 92612 ("Autobytel" or "Company"). Such websites are referred to herein as "Autobytel Websites." The Terms of Use also apply to any co-branded or framed version of the Autobytel Websites.

The Autobytel Websites, including the services and features contained herein, are offered to you, the user, conditioned on your acceptance of, and agreement in the manner set forth herein to be bound by, without modification, all the terms and conditions contained within these Terms of Use. By accessing, browsing and/or using the Autobytel Websites, you acknowledge that you have read, understood, and agree, to be bound by the Terms of Use and the terms of the Autobytel Privacy Policy, which is incorporated by reference into these Terms of Use and can be reviewed by clicking on the following link Autobytel Privacy Policy, and to comply with all applicable laws, rules and regulations associated with your use of the Autobytel Websites. If you do not agree to the Terms of Use, you are not authorized to use the Autobytel Websites.

The material provided on the Autobytel Websites is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Autobytel Websites are controlled and operated by Autobytel from its offices within the United States or by third parties designated by Autobytel to operate the websites on behalf of Autobytel. Autobytel makes no representation that materials available on the Autobytel Websites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Autobytel Websites from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

Autobytel reserves the right to change these Terms of Use and the terms, conditions, and notices under which Autobytel Websites are offered at any time without notice. Any changes to the Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the Autobytel Websites. By continuing to use an Autobytel Website following our posting of any such change, you agree to be bound by these Terms of Use as changed. Please note that your use of certain materials and features of the Autobytel Websites may be subject to additional terms and conditions. By using those materials and features, you also agree to be bound by such additional terms and conditions.

Description of Autobytel Services

Autobytel is an online automotive marketing and consumer referral services company that assists automotive retail dealers (“Dealers”) and automotive manufacturers (“Manufacturers”) market and sell new and used vehicles to consumers through our programs for online lead referrals (“Leads”), Dealer marketing products and services, and online advertising programs and data products (Dealers and Manufacturers are collectively referred to herein as “Vehicle Sellers”). Our consumer-facing Autobytel Websites provide consumers with information and tools to aid them with their automotive purchase decisions and the ability to submit inquiries requesting Vehicle Sellers to contact the consumers regarding purchasing or leasing vehicles. For consumers who may not be able to secure loans through conventional lending sources, our Autobytel Websites provide these consumers the ability to submit inquiries requesting Dealers or other lenders (“Automotive Finance Providers”) that may offer vehicle financing to these consumers to contact the consumers regarding vehicle financing. The Company also provides consumers the opportunity to submit requests for information and quotes from third party providers of ancillary services, such as insurance, vehicle service and repairs, parts and credit evaluations (“Third Party Product and Services Providers”).

AUTOBYTEL IS NOT A VEHICLE SELLER, AUTOMOTIVE FINANCE PROVIDER OR THIRD PARTY PRODUCT AND SERVICES PROVIDER OR A BROKER OR AGENT FOR VEHICLE SELLERS, AUTOMOTIVE FINANCE PROVIDERS OR THIRD PARTY PRODUCT AND SERVICES PROVIDERS. AUTOBYTEL DOES NOT SELL OR PROVIDE VEHICLES, AUTOMOTIVE FINANCING, INSURANCE, EXTENDED WARRANTIES OR SERVICE CONTRACTS, VEHICLE SERVICE OR REPAIRS, PARTS OR OTHER PRODUCTS OR SERVICES OFFERED BY VEHICLE SELLERS, AUTOMOTIVE FINANCE PROVIDERS OR THIRD PARTY PRODUCT AND SERVICES PROVIDERS. NOR DOES AUTOBYTEL ACT AS A BROKER, AGENT OR OTHER REPRESENTATIVE OF CONSUMERS USING AUTOBYTEL’S SERVICES. AUTOBYTEL PLAYS NO PART IN ACTUAL TRANSACTIONS OR IN BROKERING TRANSACTIONS AND HAS NO CONTROL OVER THE QUALITY OR SAFETY OF VEHICLES ADVERTISED, THE QUALITY OR SAFETY OF PARTS, SERVICE OR REPAIRS, NOR THE TRUTH OR ACCURACY OF VEHICLE OR SERVICE OR REPAIR DESCRIPTIONS (INCLUDING CONDITION OR INSTALLED OPTIONS OR EQUIPMENT), THE ACTUAL AVAILABILITY OF ANY SPECIFIC VEHICLE LISTED OR THE TRUTH OR ACCURACY OF DESCRIPTIONS OF OTHER PRODUCTS OR SERVICES. IN ADDITION, AUTOBYTEL DOES NOT OWN OR OPERATE ANY SERVICES USED FOR FACILITATING THE ACTUAL SALE OR TRANSFER OF VEHICLES BETWEEN BUYERS AND SELLERS, INCLUDING ESCROW SERVICES OR TITLE TRANSFER SERVICES, AND DOES NOT OWN OR OPERATE ANY SERVICE OR REPAIR FACILITIES. AVOID ANY SUCH SERVICE OR FACILITY THAT CLAIMS TO BE OPERATED BY AUTOBYTEL. AUTOBYTEL IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A VEHICLE SELLER, AUTOMOTIVE FINANCE PROVIDER OR A THIRD PARTY PRODUCT AND SERVICES PROVIDER AND MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR OTHERWISE, WITH RESPECT TO ANY VEHICLES (INCLUDING, WITHOUT LIMITATION, THE CONDITION OF VEHICLES LISTED ON AN AUTOBYTEL WEBSITE), SERVICE OR REPAIRS OR ANY OTHER PRODUCTS OR SERVICES.

Content and information displayed on the Autobytel Websites is provided for educational purposes only. The Autobytel Websites are designed to enable users to obtain online and offline price, payment and financing quotes, and quotes for other products and services from participating Vehicle Sellers, Automotive Finance Providers and Third Party Product and Services Providers. Autobytel does not provide these price or payment quotes and is not responsible for any such quotes or other information provided by Vehicle Sellers, Automotive Finance Providers or Third Party Product and Services Providers. Autobytel is not responsible for any quotes or other information furnished by Vehicle Sellers, Automotive Finance Providers or Third Party Product and Services Providers. You are encouraged to thoroughly review any quotes or information you are provided and all documents you are asked to sign at the time of purchase, lease or financing of a vehicle or the purchase of other products or services, as all terms and conditions of any transaction are strictly between you and the Vehicle Seller, Automotive Finance Provider nor a Third Party Product and Services Provider, each of which independently negotiates all of the terms and conditions of the final sale, lease, financing or other transaction.

For your convenience, we make available a variety of links to other websites that we do not own or operate where you can obtain other products and services, including insurance, warranties, financing, credit reviews and parts and service. Such links are provided for your convenience and reference only. Although we encourage you to visit such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Autobytel is not responsible for the products or services these vendors provide or the statements, data, information or other content displayed on such websites. Autobytel s inclusion of links to such websites does not imply any endorsement of the content or other information provided on such websites.

Privacy

Autobytel is committed to respecting your privacy and protecting your personally identifiable information and will use and share your personal information only as disclosed in our Privacy Policy. Any information Autobytel may collect through your use of an Autobytel Website is subject to Autobytel’s Privacy Policy, which can be viewed at Autobytel Privacy Policy.

Autobytel maintains relationships with Vehicle Sellers, Automotive Finance Providers and Third Party Product and Services Providers for many of the products and services featured or displayed on Autobytel Websites, including vehicles, automotive financing and automotive-related products and services such as vehicle parts and service, and insurance. The information made available to users of the Autobytel Websites by Vehicle Sellers, Automotive Finance Providers and Third Party Product and Services Providers may be presented in a "framed" format, where the Autobytel border will surround the pages served by the Vehicle Sellers, Automotive Finance Providers or Third Party Product and Services Providers, or by directly linking the user to the vendors websites. In either case, be aware that any information about yourself that you provide on such pages, third party websites or via in-person, telephone or other voice communication, texting, facsimile, or emailing contact with the Vehicle Seller, Automotive Finance Provider or Third Party Product and Services Provider is provided directly to those Vehicle Sellers, Automotive Finance Providers and Third Party Product and Services Providers and is subject to and governed by their security and privacy policies. We encourage you to read the privacy policies of these third parties because their privacy policy and practices may differ from those of Autobytel, and Autobytel is not responsible for the use of the information the user provides to these third parties.

Referrals to Vehicle Sellers

You are not required to submit a request for a vehicle as a condition for using an Autobytel Website or any of the products or services offered on an Autobytel Website. Once you submit a valid consumer request regarding a vehicle, at its discretion, Autobytel will attempt to match your request with one or more Vehicle Sellers, although Autobytel cannot assure you that Autobytel will be able to match your request with any Vehicle Seller. In addition, Autobytel may elect to send your request to only one Vehicle Seller even if there is more than one Vehicle Seller available to provide you a response to your request. Autobytel may also sell your request to other marketing and referral services companies that may be able to match your request with a Vehicle Seller. In certain circumstances Autobytel may not be able to match your request to any Vehicle Seller or alternative marketing and referral services company.

All transactions are conducted by and fulfilled through Vehicle Sellers that are not owned or operated by or affiliated with Autobytel. Autobytel is not responsible for any quotes or other information provided by Vehicle Sellers and Autobytel does not guarantee vehicle pricing or availability. All vehicle descriptions and prices provided to you either on an Autobytel Website or via separate contact by a Vehicle Seller following your submission of a request are made by the participating Vehicle Sellers and not by Autobytel. All vehicles prices and descriptions listed as available on an Autobytel Website under the Autobytel Used Car pages are established and electronically placed there by the participating Vehicle Seller that is offering the vehicle for sale or lease and not Autobytel. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. All data and information used in our research tools for configuring vehicles, selecting options, determining pricing, invoice or incentives on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on Autobytel or the subscribing dealer. All tools appearing on Autobytel Websites that allow for configuring vehicles with different options do so with such items that are typically available from the Manufacturer and are typically available at local dealerships and may not be indicative of all of the configurations and equipment available on the vehicle being configured or the exact price(s) for a vehicle so equipped. Any discrepancies or mistakes made regarding vehicle availability, condition or pricing are not the responsibility of Autobytel and should be directed to the Dealer or third party vendor responsible for providing the information. Autobytel does not guarantee either expressly or by implication that Autobytel will find a vehicle that meets your specifications. Exact matches can be extremely difficult to find because of geographic location, vehicle popularity, and limited production or factory-to-dealer allocations.

Referrals for Automotive Financing

You are not required to submit a request for vehicle financing as a condition for using an Autobytel Website or any of the products or services offered on an Autobytel Website. Once you submit a valid consumer request regarding vehicle financing, at its discretion, Autobytel will attempt to match your request with an Automotive Finance Provider, although Autobytel cannot assure you that Autobytel will be able to match your request with any Automotive Finance Provider. Autobytel may also sell your request to other marketing and referral services companies that may be able to match your request with an Automotive Finance Provider. In certain circumstances Autobytel may not be able to match your request to any Automotive Finance Provider or alternative marketing and referral services company. Independent Automotive Finance Providers, and not Autobytel, provide all vehicle-financing programs and make all credit evaluations and decisions. Autobytel is not a lender or arranger of credit, does not make credit evaluations or credit decisions and is not responsible for credit evaluations or decisions made by Automotive Finance Providers. If you choose to apply for financing through one of the independent Automotive Finance Providers that market their finance products and services on Autobytel Websites, you do so with this understanding. You will be asked to submit information for credit and other documentation as the Automotive Finance Provider deems necessary in order to facilitate vehicle financing. Payment or rate information provided to you on Autobytel Websites is for educational purposes only and shall not be considered as final, binding or guaranteed. Your qualification for financing and, if qualified, the actual terms of your financing will be based upon, among other things, the results of an independent credit evaluation performed by or on behalf of the Automotive Finance Provider, current prevailing interest rates, and the length and amount of the loan requested. The rates and other terms and conditions of vehicle financing are determined solely by and are the responsibility of the Automotive Finance Provider. THERE ARE NO ASSURANCES OR GUARANTEES PROVIDED THAT YOU WILL QUALIFY FOR OR BE PROVIDED VEHICLE FINANCING BY ANY AUTOMOTIVE FINANCE PROVIDER.

Referrals for Insurance

You are not required to apply for vehicle insurance as a condition for using an Autobytel Website or any of the products or services offered on an Autobytel Website. Independent third party insurance companies or their brokers or agents, and not Autobytel, provide all vehicle insurance programs. Autobytel is not an insurance company or broker or agent acting on behalf of any insurance company or for the consumer and is not responsible for insurance quotes or policies made or offered by third party insurance company’s or their brokers or agents. If you choose to apply for insurance through one of the independent third parties that market their insurance products and services on Autobytel Websites, you do so with this understanding. You will be asked to submit information for quotes and other documentation as the third party deems necessary in order to facilitate the quote or policy. Insurance premium and other information provided to you on Autobytel Websites is for educational purposes only and shall not be considered as final, guaranteed or binding. Your qualification for insurance and, if qualified, the actual terms of your policy will be based upon, among other things, the results of an independent evaluation performed by or on behalf of the third party. THERE ARE NO ASSURANCES OR GUARANTEES PROVIDED THAT YOU WILL BE QUALIFIED FOR INSURANCE BY ANY INSURANCE PROVIDER.

The insurance coverage presented by participating insurers is designed to meet the insurance needs of a majority of consumers. Your particular circumstances may differ and thus may require additional information. By supplying these information resources, Autobytel.com is not making any recommendations or providing any advice as to whether or not any particular insurance coverage is suitable for your individual circumstance. Autobytel does not endorse or recommend any specific insurance company or coverage plan. Your decision to select any particular insurance company and coverage plan should be based upon your own assessment of your individual needs and the amount of insurance coverage that meets those needs. All premiums displayed are estimates and not final, binding or guaranteed.

Referrals to Vehicle Service Providers

You are not required to purchase or subscribe to any vehicle service, repairs or parts as a condition for using an Autobytel Website or any of the products or services offered on an Autobytel Website. Once you submit a valid consumer request regarding vehicle service, repairs or parts, at its discretion, Autobytel will attempt to match your request with one or more providers of vehicle service, repairs or parts (“Vehicle Service Providers”), although Autobytel cannot assure you that Autobytel will be able to match your request with any Vehicle Service Provider. In addition, Autobytel may elect to send your request to only one Vehicle Service Provider even if there is more than one Vehicle Service Provider available to provide you a response to your request. In certain circumstances Autobytel may not be able to match your request to any Vehicle Service Provider.

All transactions are conducted by and fulfilled through Vehicle Service Providers that are not owned or operated by or affiliated with Autobytel. Autobytel does not endorse or recommend any specific Vehicle Service Provider, and your decision to select any particular Vehicle Service Provider and any particular service, repairs or parts should be based upon your own assessment. Autobytel is not responsible for any quotes or other information provided by Vehicle Service Providers, and Autobytel does not guarantee the quality, price or availability of any vehicle service, repairs or parts. All service, repair or parts descriptions and prices provided to you either on an Autobytel Website or via separate contact by a Vehicle Service Provider following your submission of a request are made by the participating Vehicle Service Provider and not by Autobytel. All prices and descriptions for service, repairs or parts listed as available on an Autobytel Website are established by the participating Vehicle Service Provider that is offering the service, repairs or parts and not Autobytel. All data and information used in our research tools for evaluating service, repairs and parts and for determining pricing or incentives on an Autobytel Website are supplied by third party vendors for educational purposes only and are not intended to be binding on Autobytel or the subscribing Vehicle Service Provider.

Referrals for Other Products and Services

You are not required to purchase or subscribe to any product or service as a condition for using an Autobytel Website or any of the products or services offered on an Autobytel Website. Independent Third Party Product and Services Providers, and not Autobytel, offer these products and services. Autobytel is not a broker, agent or retailer acting on behalf of any Third Party Product and Services Provider or for or on behalf of the consumer and is not responsible for any offers of products and services or for the products or services offered by Third Party Product and Services Providers or their brokers or agents. If you choose to purchase or subscribe for any of these products or services, you do so with this understanding. Autobytel does not endorse or recommend any specific products or services. Your decision to select any particular product or service should be based upon your own assessment of your individual needs and the terms and conditions for the products or services offered by Third Party Product and Services Providers. All pricing information displayed are estimates and not final, binding or guaranteed.

Advertising Presented on Autobytel Websites

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through an Autobytel Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that Autobytel.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertising on an Autobytel Website.

Registration

In order to access certain features of an Autobytel Website, you may be required to register for a website account ("User Account). If you opt to register for a User Account, for example in our MyGarage section, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the website. If Autobytel has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete or your use of the website is improper, all as determined by Autobytel in its sole discretion, Autobytel may suspend or terminate your User Account and refuse any and all current or future use of the website (or any portion thereof). You are responsible for all use of your User Account under any screen name or password by any person or entity and for ensuring that your User Account complies fully with the provisions of these Terms of Use. You will be responsible for protecting the confidentiality of your password. You acknowledge and agree that Autobytel may send you important information and notices regarding your account and the website by email, text messaging (if you opted in to receive this service and Autobytel provides it) or other means based on the information you provided. You acknowledge and agree that Autobytel will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive important information and updates about the website. Autobytel may at any time, in its sole discretion, close any User Account for any reason or terminate any product or service that requires a User Account.

Rebates and Incentives

Information regarding rebates or incentives that may appear on Autobytel Websites are provided to Autobytel from independent third party data providers and republished for educational benefit only. Autobytel relies on third party providers for this information and is not verified by Autobytel. Rebate and incentive information on Autobytel Websites should not be and is not intended to be a substitute for direct communication between you and the provider of the rebate or incentive or the provider’s dealer or agent. Any regional and national cash incentives or rebates offered to consumers by a provider are exclusively between you and the provider of the rebate or incentive and may affect the actual sale price of a vehicle or other product or service. Autobytel does not participate in any such program and is not responsible for ensuring the incentive or rebate or your receipt of such incentives or rebates.

Proprietary Rights and Use Limitations

Autobytel Websites are for your personal and non-commercial use. All materials on or available through Autobytel Websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, information or data, illustrations, artwork, software, clips and other elements making up a website (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Autobytel or by other parties that have licensed or otherwise provided their materials to Autobytel. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from an Autobytel Website. The Content available through Autobytel Websites is the sole property of Autobytel or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Autobytel-owned content received through an Autobytel Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Autobytel licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through an Autobytel Website to anyone, including but not limited to others in the same company or organization, except as authorized by Autobytel by express prior written consent or in connection with your use of social media functions provided by Autobytel on Autobytel Websites.

You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of Autobytel or any third party that provides Content to Autobytel for display on the Autobytel Websites, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners. All rights not granted herein are hereby expressly reserved by Autobytel and its licensors.

We respect the intellectual property of others. If you believe that your work, trademark or other intellectual property has been copied, displayed or otherwise infringed by us or by any third party on an Autobytel Website, please provide the written information specified below.

  • A description of the copyrighted work, trademark or other intellectual property that you claim has been infringed upon;
  • The reasons why you believe an infringement of your intellectual property has occurred;
  • A description of where the material that you claim is infringing is located on an Autobytel Website, including the URL of the page on which it appears; and
  • Your address, telephone number and e-mail address.

Your written notice should be sent to Autobytel at the following address:

Autobytel Inc.
18872 MacArthur Blvd., Suite 200
Irvine, California 92612-1400
Attention: Legal Department

Submissions of User Generated Content

Autobytel may permit written material, including but not limited to blogs, car ratings, dealership ratings, comments and reviews to be submitted by you and other users (collectively, "User Generated Content"). In order to submit User Generated Content to Autobytel, you must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in your jurisdiction of residence (and at least 18 years of age). Certain features on Autobytel Websites that permit the submission of User-Generate Content only by using a third party service provider (such as Facebook, Twitter and DISQUS) that requires you to register and open an account with the service provider. By registering with the third party service provider you will be governed by the service provider’s terms and conditions of use and privacy policy in addition to being governed by these Terms of Use and Autobytel’s Privacy Policy.

Autobytel respects the intellectual property of others and cooperates with all law enforcement authorities and complies with any governmental or judicial requests or orders requesting or directing Autobytel to disclose any information we have about the identity of anyone uploading, downloading, or posting materials, or otherwise using an Autobytel Website in violation of any applicable federal, state, or local laws. By making a submission of User-Generated Content, you agree and represent that such User-Generated Contents was originated by you and is accurate and that you own all right, title and interest in the User Generated Content. You may be required to provide documentation in a form acceptable to Autobytel evidencing such rights. You also agree that your User-Generated Content : (i) does not violate, and its use will not violate, the rights of any third party including any right of publicity, right of privacy or any other proprietary right of another; (ii) does not violate, and its use will not violate, any applicable federal, state or local law , rule or regulation; (iii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity or give rise to civil or criminal liability; (iv) does not promote any activities that may appear unsafe or dangerous; (v) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (vi) does not post advertisements or solicitations of or for any business or commercial activity; (vii) does not contain copyrighted materials or trademarks, logos, or trade dress owned by others; and (viii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.

You agree not to: (i) use an Autobytel Website, the Content (including, without limitation, User Generated Content), or any products or services included on or available through the Autobytel Websites for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying the Autobytel Websites, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Autobytel Websites are able to type, hacking or defacing any portion of an Autobytel Website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of an Autobytel Website or any Content on an Autobytel Website. You agree not to solicit, for commercial purposes, any users of an Autobytel Website with respect to their User Generated Content.

If you submit User Generated Content to an Autobytel Website, you hereby grant to Autobytel and its affiliates, designees and licensees a perpetual, irrevocable, non-exclusive, fully-paid up, worldwide, royalty free, sublicenseable and transferable license to use the User Generated Content for all purposes, in any and all media now or hereafter known without restrictions of any kind or any approvals or consents required from you or any third party. For example, the above license grant permits Autobytel and its affiliates, designees and licensees to use all or only certain portions of your User Generated Content that you provide, and/or incorporate other materials, either created by Autobytel or licensed from others, with your User Generated Content. If Autobytel creates other or derivative works using your User Generated Content, those works will be owned by Autobytel and may be used in accordance with the Terms of Use, and shall not be subject to your further approval or give rise to any obligation on the part of Autobytel or its designees and licensees to account to you or pay you for use. You also hereby grant each user of an Autobytel Website a non-exclusive license to access your User Generated Content through an Autobytel Website, and to display and perform such User Generated Content as permitted through the functionality of the Autobytel Websites and under these Terms of Use. You will not have any claim against Autobytel, its affiliates, designees, licensees or users with respect to such use of the User Generated Content, and to the extent, a claim is made against Autobytel or any of our affiliates, designees, licensees or users by any third party with respect to any User Generated Content you submit, you agree to indemnify and hold Autobytel and its officers, directors, shareholders, employees, agents, affiliated entities, licensees, designees and users harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith. Autobytel will have no liability to you or anyone else resulting from our failure or refusal to remove any User Generated Content. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further User Generated Content on Autobytel Websites or from using or accessing our tools, and Autobytel may pursue its rights and any remedies available under these Terms of Use, at law or in equity. When you submit User Generated Content, you understand that Autobytel will have the right, but not the obligation, to use, display and publish your name, likeness, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by Autobytel and its related entities. If Autobytel makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, or payment, notification or credit, nor will you have any approval over how Autobytel uses the foregoing rights. You understand that whether or not such User Generated Content is published or otherwise used, Autobytel does not guarantee any confidentiality with respect to any submissions to an Autobytel Website.

Autobytel may reject any User Generated Content it determines does not to meet any of the criteria set forth above. Also, Autobytel reserves the right not to accept and the right to remove any User Generated Content for any reason, or no reason at all, in its sole discretion, including but not limited to a determination by Autobytel that the User Generated Content does not comply with these Terms of Use or is not otherwise appropriate for an Autobytel Website. Autobytel will not advise you as to the reason why your User Generated Content has not been accepted or why it has been removed. Autobytel may elect to post User Generated Content that Autobytel believes does not violate the intent or purpose of these Terms of Use (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) or otherwise make use of User Generated Content s as provided under these Terms of Use. Autobytel reserves the right in its sole discretion, but undertakes no duty or obligation, to monitor, review, edit, move or delete any material (including, without limitation, User Generated Content) provided for display or placed on an Autobytel Website. Autobytel reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Generated Content or the ability to access User Generated Content with or without notice in its sole discretion. You agree that Autobytel shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Generated Content.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AUTOBYTEL, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, SUPPLIERS AND LICENSORS AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY CONTENT YOU PLACE ON ANY AUTOBYTEL SITE.

Liability Disclaimer

Because Autobytel is only a distributor of content and other information provided by Vehicle Dealers, Automotive Finance Providers and Third Party Product and Services Providers, in the event of any type of dispute over a vehicle, financing or other product or services listed or displayed on an Autobytel Website, you agree that any reliance on content or information provided on an Autobytel Website is at your own risk, and that you unconditionally release Autobytel, its affiliated companies, and each of their respective officers, directors, employees, agents, service providers, content providers and licensors (“Autobytel Parties”) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Autobytel is not responsible for statements made by others on Autobytel Websites or on websites not owned or operated by Autobytel. Autobytel is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through the Autobytel Websites. A consumer’s purchase request or inquiry regarding a vehicle may have originated on a website that is not owned or operated by Autobytel and was referred to Autobytel by the third party owner or operator of the website. Autobytel is not responsible for any data, information, content or statements made or displayed on those third party websites. We invite you to bring to our attention any material on an Autobytel Website that you believe to be inaccurate. Please forward a copy of the material you believe to be inaccurate and the reasons for your belief toConsumerCareabtl@autobytel.com.

ALL CONTENT OR INFORMATION PROVIDED ON AUTOBYTEL WEBSITES IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AUTOBYTEL AND YOU. IF YOU RELY ON AN AUTOBYTEL WEBSITE OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH AN AUTOBYTEL WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, ERRORS AND/OR OTHER PROBLEMS WITH THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES DISPLAYED ON OR PROMOTED OVER THE AUTOBYTEL WEBSITES. AUTOBYTEL WEBSITES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NEITHER AUTOBYTEL NOR ITS AFFILIATES, AGENTS AND LICENSORS, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR INFORMATION AVAILABLE THROUGH THE AUTOBYTEL WEBSITES (OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH AN AUTOBYTEL WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE AUTOBYTEL WEBSITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT AN AUTOBYTEL WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOBYTEL AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO AN AUTOBYTEL WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL AUTOBYTEL OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), ARISING OUT OF YOUR USE OF ANY AUTOBYTEL WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON AN AUTOBYTEL WEBSITE. THIS EXCLUSION AND LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU AND OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

No Unlawful or Prohibited Use

As a condition of your use of any Autobytel Website, you warrant to Autobytel that you will not use any Autobytel Website for any purpose that is unlawful or prohibited by these Terms of Use.

General Terms

These Terms of Use and your use of the Autobytel Websites is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA in all disputes arising out of or relating to the use of any Autobytel Website. Use of any Autobytel Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Autobytel as a result of these Terms of Use or your use of an Autobytel Website. Autobytel s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Autobytel s right to comply with law enforcement requests or requirements relating to your use of an Autobytel Website or information provided to or gathered by Autobytel with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use constitute the entire agreement between you, the user, and Autobytel with respect to the Autobytel Websites and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Autobytel with respect to the Autobytel Websites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted by Autobytel herein are reserved by Autobytel.

Questions regarding these Terms of Use should be sent to consumercare@autobytel.com.

Revised May 15, 2013