These Terms of Use (“Terms”) govern your access to and use of the websites, applications, vehicle listings, payment calculators, tools, content, communications, and related services operated by Motomatix AI Inc. (“Motomatix,” “we,” “us,” or “our”) (collectively, the “Site”).
By accessing or using the Site, submitting information, requesting information about a vehicle, or otherwise using our services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.
The Site is intended solely for users located in the United States who are at least 18 years old.
By using the Site, you represent that you are at least 18 years of age and legally capable of entering into these Terms.
The Site may provide vehicle listings, vehicle information, estimated purchase or lease payments, financing estimates, affordability calculations, trade-in information, incentives information, and other automotive shopping tools.
All calculations and information provided through the Site are for informational and illustrative purposes only.
Motomatix is not an automobile dealer, automobile broker, lender, bank, credit union, financial institution, insurance company, or credit reporting agency unless expressly stated otherwise.
Motomatix does not itself make credit decisions, extend credit, guarantee financing, establish final vehicle prices, determine lender approval, or guarantee that any vehicle, payment, financing arrangement, lease, incentive, or other transaction will be available to you.
Vehicle payments displayed on the Site are estimates and may be based on information supplied by you, dealers, data providers, manufacturers, lenders, public sources, third-party sources, or assumptions made by the Site.
Actual transaction terms may differ.
Among other factors, actual payments may be affected by:
Any APR, money factor, residual percentage, incentive, tax amount, payment, amount due at signing, or similar figure displayed by the Site may be an estimate, industry average, third-party value, or modeled assumption unless expressly identified otherwise.
No calculation, quote, estimate, or other information displayed on the Site constitutes an offer of credit, commitment to lend, guaranteed financing, lease offer, or binding vehicle purchase offer.
Final vehicle pricing and financing or leasing terms are determined by the applicable dealer, lender, lessor, or other transaction provider.
The Site may display vehicle listings or information obtained from automobile dealers, manufacturers, data providers, third-party websites, users, or other sources.
Vehicle information may include pricing, mileage, specifications, equipment, options, photographs, incentives, availability, condition, and other information.
Although we may attempt to provide accurate information, Motomatix does not guarantee the accuracy, completeness, timeliness, or availability of vehicle listing information.
Vehicles may be sold, withdrawn, repriced, or otherwise become unavailable without notice. Photographs may be representative rather than photographs of the exact vehicle. Equipment, options, specifications, mileage, pricing, and incentives should be independently verified with the applicable dealer before completing a transaction.
The dealer, and not Motomatix, is responsible for the final description, pricing, availability, and sale or lease of a vehicle.
You may provide information such as your name, email address, telephone number, ZIP code, vehicle preferences, desired payment, financing preferences, approximate credit tier, trade-in information, vehicle payoff information, or other information.
You represent that information you submit is accurate and that you have the right to provide it.
When you request information concerning a vehicle or dealer, you authorize Motomatix to transmit information associated with your inquiry to the applicable dealer or other provider in order to facilitate your request.
As further described in our Privacy Policy, Motomatix may also disclose, share, license, transfer, or sell certain information to automobile dealers, dealer groups, automobile manufacturers, lenders, automotive service providers, marketing companies, advertising partners, digital partners, data partners, and other third parties, subject to applicable law and applicable consumer privacy rights.
When you submit a vehicle inquiry or lead identifying or selecting a dealer, you are requesting information from that dealer.
If a clear and conspicuous consent disclosure is presented in connection with the submission process, by clicking the applicable submission button you agree that the selected dealer may contact you at the telephone number and email address you provided regarding your inquiry, including by telephone call, text message, and email and, where permitted by law and covered by the consent presented to you, using automated technology or artificial or prerecorded messages.
Your consent to receive marketing calls or text messages is not a condition of purchasing any goods or services.
Message and data rates may apply.
You may withdraw consent or request that communications stop using the opt-out methods provided in the applicable communication or by communicating your request directly to the sender.
Dealers and other third parties are independent businesses and are responsible for complying with applicable communication, telemarketing, privacy, advertising, and consumer protection laws.
The Site may connect you with automobile dealers, lenders, manufacturers, advertisers, marketers, and other third-party companies.
Motomatix does not control these third parties and does not guarantee their products, services, prices, financing terms, inventory, representations, conduct, or performance.
Any transaction you enter into with a dealer, lender, or other third party is solely between you and that third party.
Motomatix is not responsible for disputes arising from a vehicle purchase, lease, financing transaction, trade-in, warranty, optional product, dealer service, or other transaction between you and a third party.
Unless expressly stated otherwise, providing information to the Site does not constitute submission of a formal credit application.
Motomatix does not obtain a consumer credit report merely because you use a payment calculator or select a self-reported credit tier.
If a dealer, lender, or other third party requests authorization to obtain your credit report or collect additional financial information, that process is governed by the terms and disclosures provided by that third party.
The Site may use cookies, pixels, tags, local storage, session identifiers, analytics services, advertising technologies, and similar technologies to operate the Site, maintain sessions, understand Site usage, personalize content, measure advertising, prevent fraud, and support marketing and advertising activities.
Additional information about these technologies and available privacy choices is provided in our Privacy Policy.
The Site may contain links to dealer websites, lender websites, manufacturer websites, advertisements, or other third-party services.
Motomatix is not responsible for the content, security, availability, accuracy, or privacy practices of third-party sites or services.
Your use of a third-party service is governed by that third party’s terms and privacy practices.
The Site and its software, interfaces, calculations, text, graphics, designs, trademarks, logos, data compilations, and other content are owned by or licensed to Motomatix and are protected by applicable intellectual property laws.
Subject to these Terms, Motomatix grants you a limited, personal, revocable, nonexclusive, nontransferable license to use the Site for lawful personal vehicle-shopping purposes.
You may not reproduce, scrape, crawl, copy, redistribute, reverse engineer, commercially exploit, systematically extract data from, or create derivative works from the Site except as expressly authorized by Motomatix or permitted by law.
You may not:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL INFORMATION, CALCULATIONS, VEHICLE LISTINGS, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
MOTOMATIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.
WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT ANY CALCULATION, VEHICLE LISTING, DATA, PRICE, PAYMENT, OR OTHER INFORMATION WILL BE ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTOMATIX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR LOSS ARISING FROM A VEHICLE OR FINANCING TRANSACTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTOMATIX’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO MOTOMATIX FOR USE OF THE SITE DURING THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100.
Some jurisdictions do not permit certain exclusions or limitations, so some of these provisions may not apply to you.
To the extent permitted by law, you agree to indemnify and hold harmless Motomatix and its affiliates, officers, directors, employees, contractors, and agents from claims, damages, liabilities, costs, and expenses arising from your unlawful use of the Site, your violation of these Terms, or your violation of another person’s rights.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for matters eligible for small claims court and requests for temporary or preliminary injunctive relief involving intellectual property or unauthorized access to the Site, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, our services, or your relationship with Motomatix will be resolved by binding individual arbitration rather than in court.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, unless the parties agree otherwise.
Arbitration will occur on an individual basis only.
YOU AND MOTOMATIX WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Before commencing arbitration, the complaining party must provide the other party with written notice describing the claim and requested relief and allow at least 30 days for an informal attempt to resolve the dispute.
You may opt out of this arbitration provision by providing Motomatix written notice within 30 days after the date you first accept these Terms. Your notice must identify you and clearly state that you wish to opt out of the arbitration agreement.
If any portion of this arbitration provision is found unenforceable, the remaining portions will remain effective to the maximum extent permitted by law.
Except where federal law applies or applicable law requires otherwise, these Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
For any dispute that is not subject to arbitration, you and Motomatix consent to the exclusive jurisdiction of the applicable state and federal courts located in or serving Washtenaw County, Michigan.
We may modify the Site or these Terms from time to time.
When we materially revise these Terms, we will update the “Last Updated” date and provide any additional notice required by applicable law.
Your continued use of the Site after revised Terms become effective constitutes acceptance to the extent permitted by law.
We may suspend, limit, or terminate access to the Site if we reasonably believe you have violated these Terms, created security or legal risk, or misused the Site.
Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification, arbitration, and governing-law provisions.
These Terms, together with the Privacy Policy and any additional terms presented for a particular service, constitute the agreement between you and Motomatix concerning your use of the Site.
If any provision is found unenforceable, the remaining provisions will remain in effect.
Questions regarding these Terms may be directed to Motomatix AI Inc. using the legal or customer-support contact information published on the Site.