eCarslist.com Terms and Conditions of Use
Last Updated: June 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The eCarslist.com website (the “Site”) is owned and operated by eCars, Inc. (or "eCars"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. eCars may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
Use of eCars Site Listings Generally
FOR ALL SITE-RELATED SERVICES, eCars IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. eCars does not hold or possess title for any vehicle listed for sale on our Site and eCars is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.
All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.
Information about a particular vehicle is supplied by the seller, not by eCars, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. eCars is not responsible for incorrect information given by buyers or sellers, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. AutoCheck Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and eCars is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper or any other private sales transaction.
eCars MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE “AS IS”. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. eCars DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. eCars DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.
All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom eCars has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. eCars is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
Use of Private Sale Services
eCars includes a vehicle listing and information service on the private listing portion of the site, sometimes referred to as the "Private Listing Platform", that brings together private buyers and sellers. The information on vehicles provided through the Private Listing Platform is supplied by the seller or other third parties; eCars is not responsible for the accuracy of such information. eCars provides the Private Listing Platform services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. eCars is not a party to any transaction between Private Listing Platform vehicle buyers and sellers. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
You may pay a fee for access to certain eCars services related to the Private Listing Platform. All such fees are payable in advance of the provision of any such service are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services, other than taxes on eCars’ income. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. With respect to the Featured listing services offered on the Private Listing Platform, you acknowledge that your vehicle will only be eligible for promotion as a featured listing if (i) it receives a FAIR, GOOD, or GREAT eCars Deal Rating or does not receive an eCars Deal Rating, and (ii) your listing contains a valid VIN. Following payment, you will receive such services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by eCars due to an issue with your listing.
As a Private Listing Platform seller you represent and warrant: (i) that you are not a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker, (ii) that all information submitted to eCars about a particular vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (iii) that all relevant vehicle information is included in the listing submission, (iv) that you are prepared to sell the listed vehicle at the price at which it is listed, (v) that you have possession of the actual vehicle listed and the proper authority to transfer title.
Dealer Use of Restricted Services
If you are a car dealer listing vehicles using eCars’ Restricted listing services, you and your dealership’s access to and use of the Restricted services is subject to the Dealer Services Agreement.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If eCars provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of eCars.
By posting or distributing any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") to or through the Site, unless we indicate otherwise, you (a) grant eCars and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant eCars and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant eCars the right to pursue at law any person or entity that violates your or eCars' rights in the Content or breaches of these Terms and Conditions.
eCars takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is eCars liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, eCars is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although eCars has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, eCars reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect eCars’ systems and customers, or to ensure the integrity and operation of eCars business and systems, eCars may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
eCars’ right to disclose any such information, as applicable, shall be pursuant to the terms of eCars’ Privacy Policy. Please see eCars’ Privacy Policy for the terms of eCars’ personal data collection and use practices with respect to the Site. By using this Site, you consent to eCars’ collection and use of personal data as set forth in eCars’ Privacy Policy.
Prohibited Activities
By using this Site, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
You further agree that you will not attempt or do any of the following:
Rights to User Content
Content submitted by users will be considered non-confidential and eCars is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, eCars reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. eCars is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to eCars. eCars shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by eCars or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of eCars and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release eCars, and its licensees, successors and assigns, from any claims that you could otherwise assert against eCars by virtue of any such moral rights.
Grant of License; Use Of The Site
eCars grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2023, eCars, Inc., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by eCars; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of eCars.
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by eCars with or of you or any third-party entity, person, product or service unless express written permission has been given by eCars in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
Without limiting the foregoing, you represent and warrant that you are not listed on any government list of prohibited or restricted parties or on any sanctions, debarment or exclusion list or located in (or a national of) 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.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to eCars, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2023, eCars, Inc., all rights reserved. eCars also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. eCars, the eCars Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of eCars and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of eCars or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the eCars’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other eCars’ intellectual property, or assist any third party in doing so.
Warranty Disclaimer
eCars, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND eCars, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. eCars, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. eCars DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT eCars, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
Limitation of Liability
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER eCars, INC., ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, eCars ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF eCars IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
YOU AGREE TO INDEMNIFY eCars AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
eCars DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL BE ABLE TO SELL OR TRADE YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE ANY INQUIRIES OR SOLICITATIONS FROM POTENTIAL PARTICIPATING DEALERS, OR RECEIVE ANY TRUE CASH ESTIMATE RELATING TO, OR TRUE CASH OFFER FOR, YOUR VEHICLE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF AN ACTUAL OR POTENTIAL TRANSACTION FOR YOUR VEHICLE, YOU AGREE TO LOOK SOLELY TO THE PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO eCars, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES.
Indemnification
You will indemnify, defend and hold harmless eCars and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “eCars Entities”) from all claims, whether actual or alleged (collectively, “Indemnified Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against a eCars Entity, subject to such eCars Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Indemnified Claims against a eCars Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a eCars Entity without its prior express written consent.
Notice
eCars may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that eCars will have no liability associated with or arising from your failure to maintain and supply eCars with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
Links To Other Sites
The Site contains links to third-party web sites. The linked sites are not under the control of eCars, and eCars is not responsible for the contents of any linked site. eCars provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by eCars. Linked sites are owned and operated by independent retailers or service providers, and therefore, eCars cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their terms of use and privacy policies, before proceeding with any transaction with any of these third parties.
Telephonic Communications with eCars, eCars Dealers and Third Party
You acknowledge that telephone calls to or from eCars, eCars Dealers, and/or third party partners (“eCars Parties”) may be monitored and recorded and you agree to such monitoring and recording. If you select the “text only” option when submitting your telephone number to an eCars Certified Dealer, your number will be hidden from the dealer. eCars will have access to your text communications with the dealer using our services to help resolve any disputes, enforce rules to respect your privacy, and better tailor our services to you.
You verify that any contact information provided to eCars Parties, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us by texting STOP to any text message or calling us, in accordance with the instructions below.
You agree to indemnify, defend and hold the eCars Parties harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You acknowledge that by voluntarily providing your telephone number(s) to eCars Parties, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, vehicle financing and loans, your account, any transaction, and/or your relationship with eCars Parties. This does not mean that all calls or text messages to you will be sent through automated means. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of any purchase, lease, financing or loan. Calls or text messages may be sent by eCars Parties even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw dealers, lenders, or third party partners from our participating partner list at any time, and you consent to be contacted, as explained above, by these dealers, lenders or third party partners notwithstanding the date of the start of your relationship with eCars. Your consent to be contacted applies to participating dealers, lenders or third party partners that may have existed at the start of your relationship with eCars and that may thereafter be added to eCars’s participating partner list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that eCars Parties are not responsible for these charges.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. We may use different shortcodes or phone numbers for different purposes to better serve you. Texting STOP to one shortcode or phone number does not effectuate a stop request for all shortcodes or phone numbers to which you are subscribed. If you would like to stop messages from multiple shortcodes or phone numbers, text STOP to each shortcode or each phone number to which you would like to unsubscribe.
To opt-out of automated telephone calls from eCars (but not text messages), call (888)-eCars. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. To opt-out of receiving automated telephone calls or texts from participating dealers, lenders, or third party partners, please contact the dealer, lender or third party partner directly. We are not responsible for unwanted contact from third parties. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, eCars Parties reserve their right to make non-automated calls to you relating to your account, any transaction, or their relationship with you. Your obligations under this Section shall survive termination of these Terms of Service.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
1. Binding Arbitration
Except as specifically stated herein, any dispute or claim between you and eCars arising out of, or relating in any way to, the Terms and Conditions, the Site, content, or your use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Sussex County, Delaware. By virtue of this Arbitration Agreement (defined below), you and eCars is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and eCars’ written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and eCars. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: Chief Executive Officer, eCars, Inc., 16192 Coastal Highway, Lewes, Delaware 19958. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Lewes, Delaware, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America).
2. No Class Action Matters
We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.
3. Choice of Law and Forum; No Jury Trial
If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Sussex County, Delaware; (b) you and eCars irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and eCars agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Delaware, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and eCars agree to waive any right to a trial by jury.
4. Injunctive Relief
Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the ”Ownership And Intellectual Property” section of the Terms of Use(“Your Conduct”).
5. Time Limitations
If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
6. Severability
If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by eCars, and operated by eCars from its offices in and around Lewes, Delaware. While eCars has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Delaware and from each other. You and eCars both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and eCars explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the State of Delaware, without regard to its conflicts of law principles. You agree that all claims you may have against eCars arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Acton Waiver.” If you chose to access this Site from locations other than Lewes, Delaware, you will be responsible for compliance with all local laws of such other jurisdiction.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although eCars has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, eCars is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. eCars shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Modifications to the Site
eCars may change, restrict access to, suspend, or discontinue any aspect of the eCarslist.com service or the Site at any time, including availability of any feature, database, or content. eCars may also impose limits on certain features and services or restrict your access to all or parts of the eCarslist.com web site without notice or liability. eCars may remove any review from the Site if eCars determines, in its sole discretion, that the review may be false or fraudulent. eCars may exclude or remove vehicle prices from the Site if eCars determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing, which are accessible to vehicle dealers at eCars dealer pricing policy. eCars may exclude or remove from the Site embedded contact information in (i) a dealer’s description of a vehicle and/or (ii) images, often known as "Watermarking," if eCars determines in its sole discretion that such information is embedded with the intent of circumventing the eCars lead routing process.
eCars reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to eCars' attention and that eCars considers unacceptable or inappropriate, whether for legal or other reasons.
Termination
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
Miscellaneous
This agreement may not be assigned by you without the prior written consent of eCars. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. eCars may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of eCars, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
These Terms and Conditions and eCars’ Privacy Policy represent the entire agreement between you and eCars with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and eCars with respect to same. Any rights not expressly granted under this Agreement are reserved.
DEALER SERVICES AGREEMENT
TERMS AND CONDITIONS
Last Updated: June 2023
eCars, Inc. and its affiliates (“eCars”) operates the website www.eCarslist.com (together with any related mobile sites and/or applications, the “Website”). These terms and conditions govern the relationship between eCars and each automobile dealer (each, a “Dealer”) whose Inventory Data (as defined below) is posted to the Website.
Terms and Conditions
1) Inventory Data License. Dealer grants to eCars a perpetual, worldwide, irrevocable, royalty-free, transferable, sub-licenseable, non-exclusive license to access, edit, store, distribute, use, copy, display, transmit, broadcast, make available, adapt, prepare derivative works of, and otherwise use the Inventory Data, and for unlimited and unrestricted access, printing and use by end users who access the Inventory Data through the Website (“Users”). “Inventory Data” means information and images relating to new vehicles and used vehicles made available to eCars by Dealer directly or through an intermediary, including, but not limited to, vehicle identification number, make, model, year, location, vehicle description (trim, specifications, mileage, etc.), price, comments, and photographs and other imagery. eCars reserves the right to edit or reject any Inventory Data or portion thereof from display on the Website in its sole discretion and without notice to Dealer. Dealer acknowledges that eCars is a website provider and is not responsible for the Dealer’s Inventory Data, unless explicitly stipulated by applicable law. Dealer shall be solely responsible, at its own risk and expense, for (and eCars shall have no liability in connection with) ensuring the accuracy, legality and integrity of the Inventory Data provided to eCars. Dealer will immediately inform eCars if Dealer becomes aware of illegal contents in its Inventory Data in accordance with applicable law. eCars may exclude or remove any portion of Dealer’s Inventory Data from the Website for no reason or for any reason, including: (i) if Dealer has received Leads equaling the maximum number of permitted Leads during the applicable measurement period, each as determined by eCars in its sole discretion, and (ii) if eCars determines, in its sole discretion, that the inventory prices or content do not conform with these terms and conditions or eCars’ Guidelines for Dealer Pricing and Marketing.
2) Rules in the Buying and Selling Process.
(a) Dealer will maintain all registrations, licenses and permits required under applicable laws to act as a dealer buying and/or selling vehicles.
(b) Dealer shall honor all sales and/or purchases agreed to by both Dealers.
(c) Dealer agrees to abide by the buying and/or selling process, and not to contact any Dealer directly, in order to circumvent the eCars Site.
(d) Any Dealer who is found to buy or sell outside the eCars Site after working on a deal; within the Wholesale Portal will be removed immediately.
(e) Dealer may authorize buyers other than Dealer to access and use the Wholesale Platform to buy and sell vehicles on Dealer’s behalf so long as Dealer provides eCars with a Letter of Authorization (LOA) or authorizes the Buyer on the eCars Site. All buyers authorized by Dealer to access and use the Platform pursuant to Dealer’s authorization shall comply with all requirements and provisions of these Terms and Conditions; Dealer shall be responsible for ensuring that any and all authorized buyers comply with such
3) Indemnification. Dealer shall, at its own expense and on demand, indemnify, defend, and hold eCars and its affiliates and each of their respective officers, directors, employees, legal representatives, agents, contractors, licensees, successors and assigns (the “eCars Indemnitees”), harmless from and against any and all judgments, settlements, awards, demands, claims, damages, costs, losses and/or liabilities of any kind (including reasonable legal fees and other litigation costs), in connection with any third-party claims or regulatory enforcement actions alleging that the Inventory Data or the use by eCars thereof infringes or otherwise violates a third party’s intellectual property, contractual or other proprietary rights, including the rights of publicity and privacy, or violates any law or regulation. In connection with the foregoing indemnification obligation, Dealer may not accept any settlement that does not provide the eCars Indemnitees with a complete release or that imposes liability not covered by these indemnifications or places restrictions on the eCars Indemnitees without eCars’ prior written consent. The eCars Indemnitees may in their sole discretion participate in the defense of any claim through their own counsel, and at their own expense.
4) Representations and Warranties. Dealer represents, warrants and covenants that: (i) it acts in its commercial capacity with respect to these Terms and Conditions and that it is not a consumer; (ii) it has the requisite right and authority to grant the license referred to in Section 1 above, including all necessary right and authority in the text, photographs and other imagery included in the Inventory Data; (iii) it hereby waives, and has ensured that all authors of the Inventory Data have previously waived, for the benefit of eCars and its successors, assigns and licenses, all rights to any intellectual property related to the Inventory Data arising under the applicable law and, as far as is legally possible, any broadly equivalent rights Dealer and such authors may have in any territory of the world; (iv) its Inventory Data complies with all applicable laws and regulations; (v) it shall comply with all applicable laws, regulations, ordinances, its privacy policy and eCars’ instructions in connection with its receipt, collection, transfer, protection, disclosure, processing or use of any information provided by or on behalf of eCars to or forth the benefit of Dealer regarding a User (each, a “Lead”), including, without limitation, any federal, state or local data protection act, and any similar or subsequent legislation governing the collection, use, disclosure, other processing and protection of personal information, and any consumer protection, ecommerce and telemedia legislation; (vii) it shall not disclose, sell, lease, transfer or otherwise provide any Lead information to any third party, or use any Lead information to transmit or otherwise provide spam, junk mail or direct marketing in connection with goods or services offered by a third party; and (viii) it has and will maintain at all times during which its Inventory Data is posted to the Website all registrations, licenses and permits required under applicable laws to act as a dealer and/or buy, sell or lease vehicles. Dealer represents, warrants and covenants that with respect to any Lead obtained from eCars it shall: (a) provide at least the same level of data protection as is required by applicable law and regulation and as is standard in Dealer’s industry; (b) process such User data only and solely for the purpose of selling and marketing Dealer products to such User. Dealer acknowledges and agrees that Dealer may need a separate, informed and explicit consent of a User and/or additional legal safeguards to protect a User’s data under certain circumstances, including if Dealer sends a User the information on a product other than the product associated with the relevant Lead or other advertisement materials and/or processes, stores or accesses such User’s personal data outside of the User’s domestic jurisdiction. In no event will eCars be responsible for any action or omission by Dealer and/or Dealer’s employees, subcontractors, representatives, agents or the like in Dealer’s processing, storage, transmission or use of User data or Leads.
5) Effective Date, Term and Termination. These terms and conditions have effect from when eCars first receives Inventory Data from or for the benefit of Dealer and continues until all obligations under these terms and conditions have been fulfilled. eCars has the right to stop receiving and posting Inventory Data from or for the benefit of Dealer at any time.
6) Miscellaneous. These terms and conditions are for the benefit of eCars and its affiliates, successors, assigns and licensees. Dealer may not assign any of its rights hereunder without the prior written consent of eCars. Any assignment by Dealer in violation of the foregoing shall be null, void and of no effect. Except as otherwise provided herein, these terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware. The parties agree to submit to the exclusive jurisdiction of the Sussex County, Delaware as regards any claim or matter arising out of or in relation to this Agreement (without reference to its conflict-of-laws principles). Any notice required or permitted hereunder to the parties hereto shall be deemed to have been duly given to eCars only if in writing and delivered by registered mail, postage prepaid and return receipt requested, or via express international courier, to eCars, Inc., Attn: Chief Executive Officer, eCars, Inc., 16192 Coastal Highway, Lewes, Delaware 19958. Notices shall be deemed delivered when received by the party being notified.
Guidelines for Dealer Pricing and Marketing on eCarslist.com
Last updated: June 2023
All prices displayed for vehicles on the eCarslist.com website, and mobile and other applications, products and services (the “Site”) must be full cash prices available to any shopper. Prices cannot be conditional in any way; they must not require dealer-sponsored financing, a down payment, or other large or non-customary fees. If a dealership wishes to include incentives in its pricing, those must be incentives for which any shopper is eligible. Lastly, the pricing must comply with both the letter and the spirit of all federal, state, provincial, and local laws, rules and regulations applicable to that dealership.
If a dealer's prices do not meet these guidelines, all pricing information will be removed from the Site as soon as eCars becomes so aware and the dealership will be provided with prompt notice via email and the opportunity to fix the pricing so that it complies with these guidelines and can be added back to the Site. Please note that eCars may base its analysis of whether a dealer meets the above guidelines on the dealer's price display on the Site and the dealer's own website and on feedback from Site users relating to the dealer.
Examples of pricing problems:
For example: "All Prices reflect $2000 Trade Equity or Cash Down."
For example: "*Must finance internet discount price thru dealer to get advertised deal, payments, rates and options. Credit score must be over 780+ to get advertised aforementioned deal*"
For example: "PRICE INCLUDES AND CUSTOMER MUST QUALIFY FOR COLLEGE GRAD REBATE OF $500, CUSTOMER LOYALTY REBATE OF $500, ACTIVE MILITARY REBATE OF $500, AND FINANCE REBATE!"
eCars may exclude or remove from the Site embedded contact information in images, often know as "Watermarking," if eCars determines in its sole discretion that such information is embedded with the intent of circumventing the eCars lead routing process.
Each vehicle listing must accurately reflect the make, model, year, trim, VIN, options and other features of a vehicle currently available for sale. The listed vehicle must be in the dealer’s possession and available for purchase, and the dealer must have the right and ability to transfer title of said vehicle. If eCars determines or learns that a dealership is posting inaccurate listings, those listings and/or that dealership's entire inventory may be removed from the Site.
eCars reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to eCars' attention and that eCars considers unacceptable or inappropriate, whether for legal or other reasons. In addition, if a listing has received a high volume of leads eCars may temporarily remove the listing from user search results.
USE OF eCars’ DEAL RATING BADGES SERVICE: For a dealer wishing to use this service, upon request for permission made directly to eCars, eCars in its sole discretion may grant to such dealer the permission to display the requested Deal Rating Badge on the particular dealer's website. A Deal Rating Badge must be requested directly from eCars in advance of each time the badge is displayed (i.e., in advance of each time a page that would potentially display a badge is loaded). A dealer cannot use images or links to images of the Deal Rating Badges on the dealer's website except for the ones requested from and permitted by eCars. The prices listed in conjunction with a Deal Rating Badge request and in conjunction with the display of the same Deal Rating Badge must be the same and must be in compliance with these Guidelines for Dealer Pricing and Marketing on eCars. All Deal Rating Badges permitted for dealer use by eCars must be displayed by dealers only in the exact form provided by eCars and only as permitted by eCars. eCars may terminate the Deal Rating Badges Service or may revoke any dealer's right to use the Service or any Deal Rating Badge at any time in its sole discretion.
We take the protection of your privacy and personal information very seriously and are committed to protecting your personal, confidential, and otherwise sensitive information. eCars, Inc. (“we, us, our”) aspires to conduct business and process your personal information in accordance with all applicable data protection legislation, in all markets within which eCars, Inc. operates. This Privacy Policy (the “Privacy Policy”) explains how eCars, Inc.. (“eCars”, “we”, “our” or “us”) collects, uses, shares, and protects the information of persons who interact with our website, www.ecarslist.com (“Site”).
Even if you do not sign up as a customer of eCars, we may still collect, process, use, store, and share your data in accordance with this Privacy Policy. By using the Site, you agree to the policies and practices described in this Privacy Policy and the Terms of Use. If you do not agree with our policies and practices, you may choose not to use the Site.
This site is not intended for use by individuals under the age of 18.
Last Updated: Effective as of June 2023
Contents:
1. Types of Information We Collect
1. Personal Information You Share With Us
2. Additional Information Collected When Using Our Site to Buy or Sell A Vehicle
4. How we Use your Personal Information
5. How and With Whom We Share your Personal Information
6. Publicly Posted Information
7. Your Choices
8. Storing And Retaining Your Personal Information
9. How We Keep Your Personal Information Secure
11. Additional Disclosures for Nevada Residents
13. Children
14. Changes to our Privacy Policy
15. Information Collected When Registering with eCars; Subscribing
16. Automatic Collection of Information
17. Cookies and other Tracking Technologies
18. Application And Widgets For Social Media
19. Information collected from other sources
We collect the following kinds of personal information:
Information Collected When Requesting to be Contacted by a Car
Seller
If you request to be contacted by a particular car seller, both we and that
seller, as the case may be, may collect personal information provided by you
through the text and chat functionalities that we provide and on the contact
forms on our site, which may include your name, email address, postal code, and
telephone number, so that the seller can contact you to consider a car purchase
or request that you submit a dealer review.
If you register with us or subscribe to receive specific information or services on our site, in addition to the automatic information collected as described above, we will also collect registration information, such as name, email address, mail address, telephone number, username and password.
If you are an individual user (and not acting on behalf of a car dealer) and you want to use our services to buy or sell a vehicle, we and/or business partners may collect information provided by you in connection with that transaction, for example to create your vehicle listing, to verify vehicle ownership, to confirm funds availability, to process payment, to populate purchase and sale documents, and to provide user support. We may collect this information in forms on our site, forms on third party sites made available from our site, or from a picture of your ID that you upload. This information may include your name, address, email address, telephone number, driver’s license number, photo, gender, date of birth, the last four digits of your social security number, bank name, and bank account and routing numbers.
Registering with us will give you the ability to personalize your eCars site experience. The benefits of registering will increase over time as we get to know you better and introduce new features. We encourage you to register so that you can experience everything that eCars has to offer!
We gather information from your computer or handheld or mobile device when you visit our site. While you can take advantage of some of our site features without registration, we encourage you to register with us to take full advantage of our many personalization options in terms of your privacy and browsing preferences. If you don’t register, we automatically collect your IP address and information regarding your internet service provider or mobile carrier and the type of handheld or mobile device you use. We also use the following services:
We also use the following technologies to automatically collect information from you:
We, and other companies with whom we partner, use cookies, web beacons, tags, scripts, local shared objects such as Flash (sometimes called “flash cookies”), and similar technology (“Tracking Technologies”) in connection with the use of our site, third party websites, and mobile applications. Tracking Technologies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Tracking Technologies may transmit information about you and your use of the site, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, advertising identifiers (including mobile identifiers), page views and/or clicks, and the date and time of your use. Cookies may be persistent or stored only during an individual session. You can learn more about cookies here.
You can set some cookie preferences through your device or browser settings but doing so may affect the functionality of the site.
The purposes for which we use Tracking Technologies on the site include:
|
Purpose |
Explanation |
|
Processes |
Intended to make the site work in the way you expect. For example, we use a cookie that tells us whether you have already signed up for an account. |
|
Authentication, Security, and Compliance |
Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use cookies to determine if a suspicious IP address (based on geography) is logged in through your account or if the account. |
|
Preferences |
Intended to track how you use the site and remember information about how you prefer the site to behave and look. For example, we monitor and store your browsing activity on our site to customize your experience and better understand your vehicle shopping interests. |
|
Notifications |
Intended to allow notices of information or options that we think could improve your use of the site. For example, send out notifications of price drop in a vehicle that you are interested or previously browsed on our site. |
|
Advertising |
Intended to make advertising more relevant to users and more valuable to our advertisers. For example, we may use cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on an ad. |
|
Analytics |
Intended to help us understand how visitors use our site. For example, we use a cookie that tells us how our search suggestions correlate to your browsing on our site. |
We may acquire or obtain information from other sources as follows:
From third-party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, vehicle registration information and other information. We collect this information from public databases, private database, data aggregators, analytics vendors, advertising networks, and search information providers).
We use this information to help us maintain the accuracy of the information we collect, personalize your experience with the site, target our communications and advertisements so that we can inform you of products and services or other offers that may be of interest to you, provide private purchase and sale transaction services, prevent fraud, and for internal business analysis or other business purposes.
On our site, we may display applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as the Facebook® "Share" or "Like" button, are visible to you on the site page that you visit. This may allow the social media networks in which you participate to collect information about you, even when you do not explicitly activate the network's application or widget while on our site. Please visit the applicable social media network's privacy policy to better understand their data collection practices and the choices they make available to you.
In addition to social media networks, our site also contains references and links to third party web sites that may offer information of interest. This Privacy Policy does not apply to those web sites, and we recommend reviewing those web sites’ privacy policies individually.
We use and process your personal information for a number of business and commercial purposes. These include:
Interest-based advertising, also called "online behavioral" advertising. is customized based on predictions generated over time from your visits across different websites, including our site, devices and mobile applications.
These tools allow us to personalize our ads based on your browsing behavior on our site. Unless and until required by applicable law, our site does not recognize browser “do not track” signals. However, several of our partners who utilize these cookies, beacons and tools on our site enable you to opt out of this interest-based advertising.
Most of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services).
You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).
Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.
We also partner with Amazon to deliver advertisements. You can opt out of delivery of targeted advertising to you by Amazon here. Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.
We may also display interest-based ads to you when you are using Facebook and other social media platforms or websites. Please consult our detailed policy on Interest Based Advertising here.
Your profile on the site will be publicly viewable and identifiable via your screen name. eCars will not share your email address with any other members or display it any public manner. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information.
If you choose to participate in our member-to-member communications programs, you may be contacted by other members, using us as an intermediary. All members will have the option to turn off the member-to-member communication features at any time.
Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.
You may opt-out of any or all future marketing emails from us or clicking on the unsubscribe link we place at the footer of every email we send that is not in response to an action taken by the user. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or eCars’ ongoing business relations.
You can cancel your registration with us by e-mailing cancel@eCarslist.com. If you cancel your registration, we will remove your information from our active database, but some information may remain in our database and/or archives for our own corporate recordkeeping and as required to comply with law.
You can review and update the personal information you have provided through the registration process here.
Or contact us with questions or requests regarding this Privacy Policy at:
eCars, Inc.
16192 Coastal Highway, Lewes, Delaware 19958
Attention : Privacy
With respect to location technologies that we use, you can reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can also stop all collection of precise location data through by withdrawing your consent through your device settings.
For your choices with respect to Interest-Based Advertising, please see that section above.
Your personal information is stored on servers in the U.S. Also, some of our service providers may store information in servers hosted in countries different from where you reside. As such, your personal information may be subject to the laws of other countries, where the data protection and other laws may not be as comprehensive as your country of residence.
Any personal information that we collect is kept as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law or our recordkeeping policies and practices. When we no longer have reason to retain your personal information and as required by our retention policies, it will be destroyed or deidentified in a manner designed to preserve its private and confidential nature, however we may retain inactive archival copies.
We have implemented administrative, technical, personnel, and physical security measures designed to help protect the personal information stored in our systems against loss, theft and unauthorized use, disclosure or modification. We also employ processes (such as password hashing, login auditing, and idle session termination, as appropriate) to help protect against unauthorized access to your personal information. Technical measures that we have implemented also include use of firewall protection and, in appropriate instances, encryption technology. Although we take reasonable precautions to assess the reliability of such technology, we rely on the statements of the vendors of those products and services as part of its security evaluation. While we have endeavored to create a secure and reliable site for users, the confidentiality of any communication or material transmitted to/from the site, and the security of your personal information, cannot be guaranteed. We urge you to take every precaution to protect your personal information when you are on the Internet.
California Civil Code Section 1798.83 entitles California residents to request information concerning whether a business has disclosed certain personal information about you to any third parties for the third parties' direct marketing purposes. We comply with this law by offering you the ability to tell us not to share your personal information with third parties.
To make such a request, you must include this section heading as the subject line, and your full name, e-mail address, and postal address in your message and send to:
eCars, Inc.
16192 Coastal Highway, Lewes, Delaware 19958
Attention : Privacy
California Notice of Collection under California Consumer Privacy Act of 2018
This eCars Privacy Notice for California Residents supplements the information contained in this Policy and the rights mentioned below apply solely to visitors, users, and others who reside in the State of California. We share this notice of collection to comply with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meaning when used in this Privacy Notice.
eCars does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in this Policy as a “sale,” we will comply with applicable law as to such activity.
|
Categories |
Examples |
Do we collect? |
Do we disclose for business purposes? |
Do we sell? |
|
Identifiers |
Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, or other similar identifiers |
Yes |
Yes |
Yes |
|
Customer records information |
Name, signature, social security number, physical characteristics or description, address, telephone number, driver’s license or state identification card number, bank account number, credit or debit card number, other financial information |
Yes |
Yes |
Yes |
|
Characteristics of protected classifications under California or federal law |
Race, religion, sexual orientation, gender identity, gender expression, age |
Yes |
Yes |
No |
|
Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
Yes |
Yes |
No |
|
Internet or other electronic network activity information |
Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement |
Yes |
Yes |
Yes |
|
Geolocation data |
Physical location |
Yes |
Yes |
Yes |
|
Professional or employment-related information: |
Current or past job history |
Yes |
Yes |
No |
|
Inferences |
Profile reflecting a person's preferences, characteristics, aptitudes |
Yes |
Yes |
Yes |
California Residents’ Rights
California law grants California residents certain rights as set forth below.
Do-Not-Sell. California residents have the right to opt-out of our sale of their personal information. To the extent eCars sells your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by navigating to our Do Not Sell My Personal Information page. You may also submit a request to opt-out by emailing us at privacy@eCarslist.com.
Verifiable Requests to Delete and to Know. You have the right to delete the personal information we have collected from you and the right know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
To exercise any of these rights, please submit a request by emailing us at privacy@eCarslist.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Submitting Requests. You may exercise your rights by emailing us at privacy@eCarslist.com.
We will respond to your Right to Know and Right to Delete requests within 45 days.
Verification: When you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or, if you have set up an account on our website, we may ask you to sign in to your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your and other users’ personal information, we will only complete your request when we are satisfied that we have verified your identity consistent with applicable law and regulations.
Authorized Agent: The CCPA allows California consumers to designate an authorized agent to exercise their rights under CCPA. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at privacy@eCarslist.com.
We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the site from outside of the U.S., please be aware that information collected through the site may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the site or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy.
The site is intended for a general audience and is not directed at children under (13) years of age.
We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us at privacy@eCarslist.com. We will remove the data to the extent required by applicable laws.
We do not knowingly “sell” the personal information of minors under 16 years old who are California residents without their affirmative authorization.
If you are a California resident under 18 years old and registered to use the site, you can ask us to remove any content or information you have posted on the site. To make a request, email us at the email address set out in “Contact Us” section with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the "Last Updated" date at the top of this web page. The modified Privacy Policy will be effective immediately upon posting on the site. Your continued use of the site after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the site.
You may cancel your subscription at any time, and the cancellation will be effective on the first day of the next month. You will not be entitled to a refund for any monthly charges already paid for the then-current month.
eCars, Inc. is committed to respecting your privacy and ensuring that you have control over your personal data. If you wish to request the deletion of your personal data from our records, please follow the instructions below:
Send an email to privacy@ecarslist.com with the subject line "Data Deletion Request". In the email, include your full name, email address, and any other relevant information that will help us identify your account.
Send a written request to the following address:
eCars, Inc.Please include your full name, email address, and any other relevant information that will help us identify your account.
Upon receiving your request, we will take steps to verify your identity to ensure that the request is legitimate. This may involve asking for additional information or using verification tools.
We will process your data deletion request within 30 days of receiving a verified request.
Once your request is processed, we will delete your personal data from our active databases. However, some information may be retained in our backups or archives for a period required by law or for legitimate business purposes.
If you have any questions or need further assistance with your data deletion request, please contact our support team at support@ecarslist.com.
