Terms of Use

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and CarSnoop Inc. (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of https://carsnoop.com/ (and all subdomains), including any content, functionality and services offered on or through these websites (each, a “Website”), whether as a guest or a registered user.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Websites.

Our Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions for their own personal use. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with the CarSnoop and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites. Dealers and their personnel are permitted to access the Websites for commercial purposes pursuant to a separately executed services agreement with the dealer.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter.

Your continued use of any of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Websites and Account Security

We reserve the right to withdraw or amend our Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or the entirety of any Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Websites.
• Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Websites or portions of them, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CarSnoop, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

• You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• As necessary to access and use the Websites on your computing device, such as to temporarily store content in your browser cache.

You must not:

• Modify copies of any materials from the Websites.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites.

Except for use by an automotive dealer and their personnel pursuant to a separate agreement, you must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by CarSnoop or its third-party content providers (such as a car dealer). Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks

The CarSnoop name, the CarSnoop logo, and all related names, logos, product and service names, designs and slogans are trademarks of CarSnoop or its affiliates or licensors. You must not use such marks without the prior written permission of CarSnoop. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate CarSnoop, a CarSnoop employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To train any machine learning or artificial intelligence model (including any large language AI model, often referred to as an LLM).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of any of the Websites, or which, as determined by us, may harm CarSnoop or users of the Websites or expose them to liability.

Additionally, you agree not to:

• Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of any of the Websites, including their ability to engage in real time activities through the Websites.
• Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
• Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Websites.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server(s) on which the Websites are stored, or any server, computer or database connected to any of the Websites.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Websites.

7. Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

Our Websites includes content provided by third parties, including materials provided by other users and automotive dealers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CarSnoop, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CarSnoop. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Transactions with Dealers

Our Websites include various capabilities that include the ability for you to enter into online transactions (each, a “Transaction”) with third-party automotive dealers (each, a “Dealer”) upon terms and conditions mutually agreed upon between you and the applicable Dealer. While these Terms of Use establishes general rules and procedures for your interaction with the Websites, the specific terms and conditions of each Transaction must be established and mutually agreed upon separately between you and the Dealer.

BY USING OUR WEBSITES, YOU ACKNOWLEDGE AND AGREE THAT CARSNOOP IS NOT A PARTY OR AN AGENT OF EITHER YOU OR THE DEALER IN ANY TRANSACTION. CARSNOOP DOES NOT SET, CONTROL, OR ENDORSE THE PRICE, CONTRACT TERMS, QUALITY, SAFETY, CONFORMANCE, OR LEGALITY OF THE PRODUCTS AND SERVICES ADVERTISED OR OFFERED FOR SALE VIA OUR WEBSITES, THE ABILITY OF DEALER TO SELL PRODUCTS AND SERVICES, OR YOUR ABILITY TO BUY SUCH PRODUCTS AND SERVICES. NOTWITHSTANDING THE FOREGOING, IN ORDER TO ENHANCE THE WEBSITES AND PROTECT AGAINST FRAUD OR OTHER UNFAIR AND DECEPTIVE PRACTICES (ALTHOUGH WE DO NOT REPRESENT OR WARRANT AGAINST ANY SUCH FRAUDULENT ACTIVITIES OR UNFAIR AND DECEPTIVE PRACTICES), CARSNOOP RESERVES THE RIGHT TO MODIFY LISTINGS AND DESCRIPTIONS OF THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITES IN THE EVENT THAT CARSNOOP BELIEVES, IN ITS SOLE DISCRETION, THAT SUCH LISTING OR DESCRIPTION, INCLUDING WITHOUT LIMITATION ANY CATEGORIZATION, LOCATION, OR TYPE OF SUCH PRODUCTS AND SERVICES, DOES NOT ACCURATELY REFLECT THE QUALITY AND NATURE OF THE DEALER’S PRODUCTS AND SERVICES OFFERED ON THE WEBSITES. BY USING OUR WEBSITES, YOU ACKNOWLEDGE AND AGREE THAT CARSNOOP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY MANNER FOR YOUR OR ANY DEALER’S FAILURE TO COMPLY WITH APPLICABLE LAWS, RULES, OR REGULATIONS WITH RESPECT TO YOUR OR ANY DEALER’S USE OF THE WEBSITES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT THE WEBSITES ACT AS A TECHNOLOGY SERVICE THAT ALLOWS DEALER’S TO MARKET AUTOMOTIVE PRODUCTS AND SERVICES TO YOU AS A POTENTIAL PURCHASER OF SUCH PRODUCTS AND SERVICES. CARSNOOP CANNOT, AND DOES NOT, CONTROL WHETHER YOU AND A DEALER WILL COMPLETE THE PURCHASE OR SALE OF PRODUCTS AND SERVICES OFFERED FOR SALE BY DEALER ON THE WEBSITES. CARSNOOP IS NOT RESPONSIBLE FOR PAYMENT OR COLLECTION WITH RESPECT TO ORDERS MADE OR BIDS PLACED ON OR THROUGH THE WEBSITES OR WITH RESPECT TO PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITES AND IS NOT RESPONSIBLE IN THE EVENT THAT A BID OR ORDER IS NOT RECEIVED OR ACCEPTED BY A DEALER. YOU AND THE DEALERS INDEPENDENTLY DETERMINE, IN YOURS AND EACH DEALER’S SOLE DISCRETION AND WITHOUT ANY INPUT FROM OR RELIANCE UPON CARSNOOP, WHETHER OR NOT TO PLACE OR ACCEPT ANY BID TO PURCHASE A DEALER’S PRODUCTS AND SERVICES OFFERED ON THE WEBSITES. CARSNOOP DOES NOT REPRESENT OR WARRANT THE EFFECTIVENESS OR VALIDITY OF ANY TRANSACTION OR PROPOSED TRANSACTION IN YOUR OR THE DEALER’S RESPECTIVE JURISDICTIONS AND DOES NOT ENDORSE ANY CONTRACTS OR AGREEMENTS ARISING OR RESULTING FROM ANY TRANSACTION VIA THE WEBSITES.

IF YOU HAVE A DISPUTE WITH A DEALER OR ANOTHER USER OF THE WEBSITES, OR SUFFER ANY HARM ARISING OUT OF OR CONNECTED WITH DEALER OR ANOTHER USER OF THE WEBSITES, YOU HEREBY WAIVE ALL CLAIMS AGAINST AND RELEASE CARSNOOP AND ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, JOINT VENTURES, AND AGENTS FROM ANY AND ALL LIABILITY FOR CLAIMS, DEMANDS, ACTUAL AND CONSEQUENTIAL DAMAGES, COSTS AND EXPENSES, INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES, AND OTHER LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES, ANY DEALER, OR ANY OTHER USER OF THE WEBSITES WITH REGARDS TO SUCH DISPUTE. IN ADDITION TO ANY OTHER INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS OF USE, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD CARSNOOP HARMLESS FROM ANY LOSSES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO ANY DISPUTE DESCRIBED IN THIS PARAGRAPH. CARSNOOP’S SOLE LIABILITY AND OBLIGATION IN THE EVENT OF SUCH A DISPUTE BETWEEN YOU AND DEALER OR ANOTHER USER OF THE WEBSITES IS TO PROVIDE INFORMATION AS NECESSARY TO ASSIST SUCH ENTITIES IN RESOLVING THE DISPUTE, PROVIDED THAT THE INFORMATION IS NOT SUBJECT TO CONFIDENTIALITY OBLIGATIONS RESTRICTING ITS DISCLOSURE.

9. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringes your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• Include both of the following statements in the body of the DMCA Notice:
  

  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

  “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Our designated Copyright Agent to receive DMCA Notices is:
  

  CarSnoop Copyright Agent
  480 W. Poplar Street
  Zionsville, IN 46077
  1-844-766-6737
  copyrightagent@carsnoop.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

10. Changes to the Website

We may update the content on our Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

11. Information About You and Your Visits to the Website

All information we collect on our Websites is subject to our Privacy Notice. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

12. Linking to the Website and Social Media Features

You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Our Websites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Websites.
• Send e-mails or other communications with certain content, or links to certain content, on this Websites.
• Cause limited portions of content on our Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website or page of a website that is not owned by you or legally under your control.
• Cause the Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site (other than as a thumbnail that links to the Website).
• Otherwise take any action with respect to the materials on these Websites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

13. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including advertisements from automotive dealers. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. Geographic Restrictions

The owner of the Websites is based in the state of Indiana in the United States. We provide our Websites for use only by persons located in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARSNOOP NOR ANY PERSON ASSOCIATED WITH CARSNOOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER CARSNOOP NOR ANYONE ASSOCIATED WITH CARSNOOP REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CARSNOOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation on Liability

IN NO EVENT WILL CARSNOOP, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CARSNOOP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE SUM OF $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Indemnification

You agree to defend, indemnify and hold harmless CarSnoop, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, your Transactions, any use of the Websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

18. Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

In the event arbitration as set forth in Section 19 is not available, upon the written consent of CarSnoop, or if a claim is to be filed in small claims court, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in the City of Indianapolis and County of Marion although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Arbitration

YOU AND CARSNOOP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”) then in effect, except as modified by this Section 19 (The JAMS Rules are available at jamsadr.com/rules-comprehensive-arbitration/). You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you seek arbitration or elect to file a small claim court action, you must first send CarSnoop, by certified mail, a written notice of your claim (a “Notice”) to the address set forth below. If CarSnoop initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or CarSnoop, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and CarSnoop do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CarSnoop may commence an arbitration proceeding with JAMS at https://www.jamsadr.com/submit or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If you claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CarSnoop last written settlement offer made before an arbitrator was selected (or if CarSnoop did not make a settlement offer before an arbitrator was selected), then CarSnoop will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR CARSNOOP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above in Section 18.

20. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Waiver and Severability

No waiver by CarSnoop of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CarSnoop to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and CarSnoop with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

23. Your Comments and Concerns

Our Websites are operated by CarSnoop Inc.; 480 W. Poplar Street; Zionsville, IN 46077; 1-844-766-6737; info@carsnoop.com.

All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: info@carsnoop.com.