Disclaimers

The information on vehicles provided by CarsAndTrucksDirect.com (CTD) is provided on an "as is" and "as available" basis and CTD makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle as to the existence, ownership, or condition of the vehicle or as to the accuracy or completeness of any information about the vehicle contained in this service. CTD reserves the right to terminate any product or price at any time, in its sole discretion. You acknowledge that any reliance upon any such materials shall be at your sole risk. CTD reserves the right, in its sole discretion, to correct any error or omission in any portion of the service or materials. Any and all concerns, differences, or discrepancies must be addressed with the CTD prior to the sale of the vehicle. You agree to release, hold harmless and indemnify CTD from any and all liability arising from incorrect or incomplete information regarding any vehicle. CTD specifically disclaims any implied warranties, including the warranties of merchantability and fitness for a particular purpose regarding any vehicle with information provided in this service. All vehicles are subject to prior sales. General Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF CTD’S WEB SITE IS AT YOUR OWN RISK. NEITHER CTD, NOR ANY OF ITS EMPLOYEES, AGENTS, ASSIGNS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND CTD SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. CTD, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.

Miscellaneous

CTD reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by on-line postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Kendall County, Texas, within one year after the cause of action arises or the cause is barred. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SITE IMMEDIATELY.

Collecting and Using Personal Information

Welcome to CTD's website. We appreciate your interest in us. When you visit and navigate our site and when you communicate with us via our site, we will not collect personal information about you unless you provide us that information voluntarily. Any non-public personal information that you may provide via our site will be used solely for the purpose stated on the page where it is collected. (In some cases, and in all cases where required by law or regulation, you will be able to update the information that you provide to us either by sending us an e-mail or, where you have established personal profiles with us, by updating your profile online. Please refer to the specific pages where data is collected for more information.) CTD will not sell, license, transmit or disclose this information outside of CTD unless (a) expressly authorized by you, (b) necessary to enable CTD contractors or agents to perform certain functions for us, or (c) required or permitted by law. In all cases, we will disclose the information consistent with applicable laws and regulations and we will require the recipient to protect the information and use it only for the purpose it was provided.

By “personal information,” we mean data that is unique to an individual, such as a name, address, Social Security number, e-mail address, or telephone number. From time to time, we may request personal information from you at our site in order to deliver requested materials to you, respond to your questions, or deliver a product or service.

Your E-Mail

We welcome your comments or questions about our website and have provided e-mail boxes for that purpose. We will share your comments and questions with our customer service representatives who are most capable of addressing your questions and concerns.

Please note that your e-mail, like most, if not all, non-encrypted Internet e-mail communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use e-mail to communicate information to us that you consider confidential. If you wish, you may contact us instead via non-cellular telephone at the numbers provided at various locations on our site.

There are some locations on CTD’s website where we have made special provisions for a more secure environment in which we can exchange information with you. At each of these locations, we will provide you with appropriate instructions.

Other Information; "Cookies" and "Tags"

You should also be aware that when you visit our website, we collect certain information that does not identify you personally, but provides us with "usage data," such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide at this website.

Like most commercial website owners, we may use what is known as "cookie" technology. A "cookie" is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract other personal information about you, such as your name or address.

We may also use what is known as "client-side page tagging", which uses code on each page to write certain information about the page and the visitor to a log when a page is rendered by your web browser. This technique is also commonly used on commercial websites. "Tagging" does result in a JavaScript program running on your computer, but it is limited to providing information about the page that you are requesting and the configuration of your browser. It will not read any of your data files, or execute any additional programs. It does not extract any personal information about you, such as your name or address. You can prevent tagging by disabling JavaScript in your browser, but that may prevent you from using all of our website's functions.

Linking to Other Sites From time to time, CTD's website may provide links to other websites, not owned or controlled by CTD, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to various non-CTD websites do not constitute or imply endorsement by CTD of these websites, any products or services described on these sites, or of any other material contained in them.

Security

CTD has adopted and adheres to stringent security standards designed to protect non-public personal information at CTD.com against accidental or unauthorized access or disclosure. Among the safeguards that CTD has developed for this site are administrative, physical and technical barriers that together form a protective firewall around the information stored at this site. We periodically subject our site to simulated intrusion tests and have developed comprehensive disaster recovery plans.

Changes to This Statement

CTD may change this Statement from time to time; when updates are made, the Privacy Policy version date (located at the bottom of this Policy) will also be updated to reflect that a revision occurred. We encourage you to periodically reread this Policy to see if there have been any changes that may affect you. This Statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

Indemnification

Upon a request by CTD, you agree to defend, indemnify, and hold harmless CTD and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. CTD reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CTD in asserting any available defenses. USE CTD makes no representation that materials on this site are appropriate or available for use in locations outside the United States or the State of Texas, and accessing them from states or territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CTD with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CTD with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Revised May, 2010