Terms of Service



VISITOR AGREEMENT.


This website is owned and operated by Drive Away 2Day, Inc. (“DA2”). These Terms of Use apply to the site located at the URL www.driveaway2day.com (“DA2WEB”), as well as any versions of that site that DA2 may co-brand with or private-label for third parties (collectively, “Affiliates”). Access to and use of this website is offered to the visitor conditioned on the visitor's acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using this website, you are deemed to have agreed to all such terms, conditions, and notices.



ADVERTISING AND RESEARCH SERVICES.


DA2 operates DA2WEB as an online education, research and advertising service for car buyers and sellers. NONE OF THE VEHICLES LISTED ON DA2WEB ARE OWNED BY DA2. DA2 does not sell vehicles directly and is never a party to the final transaction between buyers and sellers. As a result, DA2 does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.



ACCURACY OF VEHICLE LISTINGS INFORMATION.


DA2WEB displays listings of pre-owned vehicles for sale by licensed automobile dealers and the vehicle descriptions and prices listed are electronically posted to DA2WEB either directly or through a third party by the participating dealer who owns the vehicle. The transmission of vehicle listings from the participating dealer for posting to DA2WEB necessarily involves the passage of time and the possibility that unintentional errors can occur. When viewing vehicle listings on DA2WEB, you must understand that:

  • *YOU SHOULD ASSUME THAT PRICES LISTED FOR VEHICLES EXCLUDE STATE AND LOCAL TAXES, AS WELL AS ANY STATE AND LOCAL GOVERNMENTAL CHARGES, INCLUDING WITHOUT LIMITATION, REGISTRATION, LICENSE AND TITLE FEES, DOCUMENTARY FEES, EMISSIONS CERTIFICATION FEES AND ADDED ACCESSORIES YOU CHOOSE TO PLACE ON THE VEHICLE
  • *ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOU CONTACT THE DEALER
  • *ALL PRICES AND TERMS LISTED ARE VALID ON DATE OF PUBLICATION ONLY AND SUBJECT TO CHANGE WITHOUT NOTICE
  • *ALL LISTINGS ARE SUBJECT TO THE WARRANTY DISCLAIMER IN THESE TERMS OF USE.



RESTRICTIONS ON YOUR USE OF DA2WEB.


All materials published on DA2WEB, including, but not limited to vehicle listings, descriptions, photographs, images, illustrations, pricing information, reviews and video clips, ("Information") are the sole property of DA2 or its third-party providers and is protected by patent, trademark, copyright, and other intellectual property rights. You may access and use DA2WEB solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information, software, products or services obtained from DA2WEB. Without limiting the general restrictions, you may not under any circumstances: (a) use DA2WEB's lead forms and/or toll-free numbers to advertise or promote products and services to dealers; (b) use any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Information for any purpose without DA2’s prior expressed written permission; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of DA2WEB; (d) decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for DA2WEB or any of the underlying software; or (e) take any action that imposes an unreasonable or disproportionately large load on DA2’s hardware and software infrastructure.



DISCLAIMER.


YOU EXPRESSLY AGREE THAT USE OF DA2WEB AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. DA2, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING DA2WEB, THE INFORMATION CONTAINED ON DA2WEB OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. DA2WEB AND ALL INFORMATION CONTAINED ON DA2WEB ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND DA2, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. NEITHER DA2 NOR ITS AFFILIATES MAKE ANY 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 A VEHICLE LISTED ON DA2WEB. DA2 CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. DA2 RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE INFORMATION. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.



LIMITATION OF LIABILITY.


UNDER NO CIRCUMSTANCES SHALL DA2, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES), REGARDLESS OF THE FORM OF ACTION, THAT RESULT FROM OR RELATE TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR INFORMATION AVAILABLE ON THIS SITE. IF YOU ARE DISSATISFIED WITH ANY SERVICE OR INFORMATION, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF DA2, ITS AFFILIATES OR ANY OF ITS THIRD-PARTY PROVIDERS ARE FOUND LIABLE IN CONNECTION WITH A CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION, THEIR AGGREGATE LIABILITY IN SUCH AN EVENT SHALL NOT EXCEED FIFTY DOLLARS ($50). YOUR RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES TO WHICH YOU MAY OTHERWISE BE ENTITLED FROM DA2, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.



WAIVERS / ARBITRATION


In any legal proceeding relating to your use of this website or our services, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. In other words, you agree that you are not allowed to file a class action or any kind of class or joint arbitration.



Any claim or dispute that arises under or relates to your use of this website shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association ("AAA"). The only exception would be if you have violated or threatened to violate the intellectual property rights of DA2 or any third party, in which case we or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the AAA, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Any arbitration will take place in the State of Georgia.



OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE OR INVALID FOR ANY REASON, IT WILL BE SEVERED FROM THESE TERMS OF USE AND YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN GEORGIA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.



Subject to these Terms of Use, including the limitations on liability herein, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law. Any arbitration award may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of Georgia or to any Federal Court located within the State of Georgia for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.



You agree that, even if a statute of limitations or other law provides for a longer period of time, any action against DA2, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to this website or any information or services available on or from this website must be brought within one year after the event that gave rise to the cause of action or it is forever barred.



LINKS TO THIRD PARTY SITES.


This site may contain hyperlinks to websites operated by parties other than DA2. Such hyperlinks are provided for your reference only. DA2 does not control such websites, and is not responsible for their contents or accessibility.



COPYRIGHT NOTICE.


It is DA2’s policy to respond to claims of intellectual property infringement. DA2 will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site:


Drive Away 2Day, Inc.
Legal Department
Email: info@driveaway2day.com

To be effective, the notification must be a written communication that includes the following:

  1. *A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. *Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. *Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. *Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. *A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. *A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed



MODIFICATION OF THESE TERMS OF USE.


DA2 reserves the right to change these terms of use at any time by posting revised terms on the site. You are responsible for regularly reviewing these terms of use. Continued use of this site following any such changes shall constitute your acceptance of such changes.



GENERAL.


This agreement is governed by the laws of the State of Georgia applicable to contracts executed and performed entirely within that state. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Failure by DA2 to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. This Agreement constitutes the entire agreement between you and DA2 with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DA2 with respect to this website.