Last Revised: August 27, 2020
Welcome to the website operated by Better Car People, LLC (“BCP”, “we”, “us” or “our”). This website (the “BCP Website” or the “Website”) provides general information about BCP and its products and services, including our lead response solution products and services (the “BCP Services” or “Services”). All uses of the BCP Website are subject to the following terms and conditions (the “Terms of Service”). In addition, by electronically signing an applicable BCP subscription order form to activate and use our Services, which incorporates by reference and is subject to these Terms of Service, you agree to be bound by these Terms of Service.
Please read these Terms of Service carefully before accessing or using any part of this Website. By accessing or using this Website, and/or by electronically signing an applicable BCP subscription order form to activate and use our Services, you agree that you have read, understand and agree to be bound by these Terms of Service, as amended by BCP from time to time.
IF YOU DO NOT WISH TO AGREE WITH THESE TERMS OF SERVICE, DO NOT USE ANY PART OF THIS WEBSITE OR OUR SERVICES.
BCP may revise and update these Terms of Service at any time by posting the amended terms to this Website. Your continued use of the BCP Website or your continued use of the BCP Services means that you accept and agree to such revised Terms of Service. If you disagree with the Terms of Service (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website and/or our Services. The most current version of these Terms of Service, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Service” hyperlink.
You agree to use the BCP Website only for lawful purposes. You agree not to do any of the following: (1) upload to or transmit on the BCP Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the BCP Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) restrict or inhibit use of the BCP Website by others; (6) upload or otherwise transmit files that contain a virus or corrupted data; (7) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the BCP Website or that you have a contractual obligation to keep confidential; (8) post “spam,” transmit chain letters or engage in other similar activities; or (9) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the BCP Website, or which, as determined by BCP, may harm BCP or users of the BCP Website or the BCP Services or expose them to liability.
Any content uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the BCP Website (including password-protected areas), and all articles and responses to questions, other than the content provided by BCP, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of BCP. You understand and acknowledge that you are responsible for whatever content you submit, and you, not BCP, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the BCP Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the BCP Website. You irrevocably include BCP in all rights granted to you by your customer and grant to BCP the right to use all content you upload or otherwise transmit to the BCP Website in any manner BCP chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, sublicensing its use to others or making a derivative work based on it.
BCP reserves the right, but does not assume any responsibility, to (1) remove any material posted on the BCP Website which BCP, in its sole discretion, deems inconsistent with the foregoing commitments, including any material BCP has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the BCP Website. However, BCP can neither review all material before it is posted on the BCP Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, BCP assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties.
These Terms of Service apply for all Services you receive from BCP pursuant to an electronically accepted subscription sales order. You agree to pay in full each month all fees for Services as published at the time of your acceptance of the applicable sales subscription order. All fees are non-refundable. You will be charged for BCP’s Services and any other features on a monthly billing cycle basis. We may change your billing cycle at any time. You agree to pay all monthly fees associated with the use of the Services, even if you do not use the Services in a particular month. We may cancel your Services for any reason upon 30 days’ notice (except, if you breach the applicable subscription sales order or these Terms of Service, we may cancel your Services immediately without prior notice). You may cancel your Services for any reason by providing 30 days written notice to us, which notice may be given at any time prior to the next scheduled monthly payment, provided that in any event the cancellation shall be effective at the end of the calendar month during which the thirty-day (30) notice period runs. Any credits issued by BCP for whatever reason, will not be refunded by check or to your credit card, but will, instead, be deducted from the next monthly billing cycle.
We have agreed that you may pay for charges with a credit or debit card (“Card”). You authorize us to charge your Card when we bill you for the monthly fees, and for all amounts or other obligations incurred before cancellation or termination. You also authorize us to charge your Card at or after cancellation or termination to pay any amounts you owe at or after cancellation or termination. If you have not authorized charges to be made to a Card or if for any reason your Card issuer does not pay us, you must pay us on or before the due date, or we may suspend or cancel your Services without prior notice.
We may modify the Services provided to you or increase the fees for our Services at any time. However, if we: (a) increase the fees for your Services, or (b) modify the Services provided to you and such modification would be materially adverse to you, we will notify you of such increase or modification and you may cancel the affected Services without paying a cancellation fee (which is your only remedy) by following the cancellation instructions in the notice. If you do not cancel the Services by following the instructions in the notice, then you agree to such increase in the fees or modification of the Services provided to you, even if you paid for Services in advance. If the notice does not state how long you have to cancel, then you may cancel within 14 days after the date of our notice.
You may not resell or attempt to resell any aspect of the Services, whether for profit or otherwise. Your right to use the Services is non-transferable. If you violate any of these Terms of Service we may: (a) begin legal action, (b) immediately, without prior notice, suspend or terminate the Services, (c) suspend or terminate any other Better Car People, LLC agreements between us and you and the service provided under those agreements, and (d) cooperate with law enforcement in legal proceedings against you and/or any other violators. You also agree to cooperate with us in investigating any suspected violations.
You will be in default under these Terms of Service if you: (a) do not pay any sum when due in accordance with these Terms of Service and the applicable subscription sales order, (b) breach these Terms of Service, any applicable subscription sales order or any other agreement between you and us, (c) become the subject of any proceeding under the U.S. Bankruptcy Code, (d) become insolvent, (e) provide false information of any kind to BCP, (f) act in any manner that we believe would or could likely cause liability for BCP, or (g) violate, in any manner, the intellectual property rights of BCP or any other user or third party. In all such cases, you are responsible for payment of all charges and fees due to BCP under these Terms of Service or an applicable subscription sales order, which charges and fees will be immediately due and payable. If you are in default, we may promptly cancel your Services and terminate these Terms of Service, any applicable subscription sales order and any other agreements between us and you and the services provided under those agreements without prior notice. We may also, at our discretion, immediately suspend or deny you access to this Website for breach of these Terms of Service. If we renew subscription Services to you after discontinuing such Services, you may be subject to a credit check and agree to pay reactivation charges or applicable deposits. Our remedies under these Terms of Service or any applicable subscription sales order are not exclusive but are in addition to all other remedies provided by law.
BCP does not assume any liability for the materials, information and opinions provided on, or available through, the BCP Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. BCP disclaims any liability for injury or damages resulting from the use of any Site Content.
THE BCP WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER BCP NOR ANY PERSON ASSOCIATED WITH BCP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE BCP WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER BCP NOR ANYONE ASSOCIATED WITH BCP WARRANTS OR REPRESENTS THAT THE BCP WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE BCP WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE BCP WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BCP DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL BCP OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE BCP WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE BCP WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY BCP AND WHETHER OR NOT BCP HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to BCP or its licensors, content providers or contractors, and are protected by United States and international laws regarding copyrights, trademarks, and other proprietary rights. You are authorized only to use the content on the BCP Website for legitimate business purposes or personal use related to your role as a current or prospective customer, supplier or distributor of BCP. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of BCP, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the BCP Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material appearing on this Website are transferred to you, but remain with BCP or the applicable owner of such content. Except as expressly authorized by BCP in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.
The term “Better Car People” is a trademark [and the BCP logo] and all related product and service names, designs and slogans appearing on our Website are trademarks of BCP or its affiliates. You may not use such marks without BCP’s prior written permission. All other names, brands and marks not owned by BCP are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of our system security, BCP reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. BCP reserves the right to investigate any suspected violation of these Terms of Service.
BCP welcomes your comments and suggestions. All comments, suggestions or other information sent by you to our Website will become BCP’s property, and you agree that all intellectual property rights therein are hereby transferred to BCP. You understand that any postings to publicly available portions of the BCP Website are non-confidential for all purposes.
The BCP Website may contain links to other web sites on the Internet. BCP is not responsible for and does not endorse the content, products or services of any third-party websites, including, without limitation, sites framed within the BCP Website or third-party advertisements, and BCP does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such web sites.
You hereby agree to fully indemnify and hold Better Car People, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, contractors, and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless from any breach of these Terms of Service by you. You agree that the Indemnified Parties will have no liability in connection with any such breach and you agree to fully indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also hereby agree to fully indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from our Services. EVEN IF BETTER CAR PEOPLE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THE INDEMNIFIED PARTIES WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES, FOR ANY DAMAGES ARISING FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY DAMAGES RESULTING FROM LOSS OF DATA PRIVACY OR SECURITY; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICES OR ANY PRODUCT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION, OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOU (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS OF SERVICE, THE MAXIMUM AGGREGATE LIABILITY OF INDEMNIFIED PARTIES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THESE TERMS OF SERVICE OR FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO OUR SERVICES, SHALL BE A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICES. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF SERVICE OR ARISING FROM OR RELATED TO OUR SERVICES WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE BCP WEBSITE OR THE BCP SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.
Better Car People, LLC reserves the right to fully cooperate with any law enforcement authorities pursuant to state or federal law, including, but not limited to, any obligations we may have under the Patriot Act, or any court order requesting or directing Better Car People, LLC to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate the terms of these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD HARMLESS BETTER CAR PEOPLE, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BETTER CAR PEOPLE, LLC DURING OR AS A RESULT OF ITS OR ANY LAW ENFORCEMENT INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BETTER CAR PEOPLE, LLC OR LAW ENFORCEMENT AUTHORITIES.
IN THE EVENT YOU ASSERT ANY CLAIM OR DISPUTE AGAINST US IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OR OUR PROVISION TO YOU OF SERVICES (“CLAIM”) YOU MUST SEND A WRITTEN DESCRIPTION OF YOUR CLAIM TO OUR REGISTERED AGENT LISTED HEREIN AND YOU AGREE TO ATTEMPT TO RESOLVE SUCH CLAIM BY GOOD FAITH NEGOTIATION WITH US. IF YOU DO NOT REACH AGREEMENT WITH US WITHIN 30 DAYS AFTER OUR RECEIPT OF THE WRITTEN DESCRIPTION OF YOUR CLAIM, INSTEAD OF SUING IN COURT, YOU AGREE THAT YOUR CLAIM MUST BE SUBMITTED TO FINAL, BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE A PART OF THE AGREEMENT BY THIS REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEB SERVICE AT www.adr.org. You must serve our registered agent with a notice of arbitration in order to commence an arbitration. This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, dealers, if you also assert claims against us in the same proceeding. Your access to and use of this Website and/or BCP’s Services involves interstate commerce and despite the choice of law provision provided herein, the Federal Arbitration Act and federal arbitration law shall govern arbitrations under these Terms of Service. An arbitrator may only award such relief as a court having jurisdiction in the place of arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of these Terms of Service. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. AAA has a fee schedule for arbitrations. You hereby agree to pay your equal share of the arbitrator’s fees. You and we agree to pay our own other fees, costs, and expenses including those for counsel, experts, and witnesses.
Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. While the prohibition on consolidated or classwide proceedings in this section will continue to apply: (a) you may take a Claim to a small claims court, if it qualifies for hearing by such court and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. YOU AND WE ACKNOWLEDGE AND AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THIS SECTION REQUIRING BINDING ARBITRATION WILL NOT APPLY AND THE CLAIM OR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS SECTION OF THE TERMS OF SERVICE BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
You may direct copyright infringement notifications to our DMCA Agent as follows at:
firstname.lastname@example.org, attention Chief Operating Officer
For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BCP by emailing or writing to:
Better Car People, LLC
241 N. Church St.
Monroe, NC 28112
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
We may assign all or part of our rights or duties under these Terms of Service without such assignment being considered a change to these Terms of Service, and without notice to you. We shall be released from all liabilities following the effective date of any such assignment. You may not assign these Terms of Service. Subject to these restrictions, these Terms of Service will be binding on your heirs, successors, and assigns.
We may send you written notice, either via U. S. Mail or electronically, to the contact information you have provided to us at the time you register for our Services. You are solely responsible for keeping all of your contact information current, complete, and accurate, and we shall be entitled to rely on the completeness and accuracy of such information.
All terms and conditions of these Terms of Service are independent of each other. If any provision of these Terms of Service is held to be inapplicable or unenforceable, then (a) that term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and effect, (b) the Terms of Service will not fail their essential purpose, and (c) the balance of the Terms of Service remain unaffected and in full force and effect, unless our obligations are materially impaired, in which event we have the right to terminate these Terms of Service.
These Terms of Service together with any applicable subscription sales order for services represent the final and entire agreement between you and us regarding the Services. Except as otherwise stated in these Terms of Service, no change to these Terms of Service will be valid unless we accept it in writing. If we do not enforce our rights under any of the provisions of these Terms of Service, it does not waive or reduce our right to require strict compliance in the future. You agree that no joint venture, partnership or agency relationship exists between you and BCP as a result of these Terms of Service or your use of this Website or your use of the Services.
If you are accessing this Website or activating or using the Services on behalf of a corporation or other entity, you represent that you have full authority to bind that entity and if not agree to accept personal liability for the account. You are responsible for all charges incurred by any person you authorize to access your account, or allow to use the Services.
Better Car People, LLC reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. For further explanation of any portion of these Terms of Service or to determine whether your intended activities are permissible under these Terms of Service, you may contact us at email@example.com or via phone at 855-448-4219.