Introduction

Welcome to the DriveTime Blog: “Under the Hood!” We are the nation’s largest used car dealer network and automobile finance company focusing on buyers with credit issues in the USA. These User Guidelines is between you and DriveTime (“We” or the “Company”), and it governs your access to and use of the services, websites, and applications offered by DriveTime (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this agreement. By viewing or posting on the DriveTime Blog (the “web site”), you are agreeing that you will abide by the terms of the following User Guidelines and Terms of Use, summarized below.

Please read all of these rules carefully and follow them. They were created in the common interest of maintaining a welcoming community for all persons interested in our blog.

Summary

  1. The DriveTime Blog provides general information and discussions about the automotive industry, used cars and auto finance related topics. All data and information provided on this site is for informational purposes only.
  2. DriveTime, this blog’s authors or guest posters makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
  3. Anything you post on the DriveTime Blog is public. You shouldn’t post any content or use our service to do anything illegal, malicious or unethical. Make sure you are comfortable with knowing that anything you post will be available publically, for as long as this blog exists.
  4. Please do not attempt to spam, hack, attack or copy our blog.
  5. We reserve the right to remove your content, with or without good reason, or block or disable your account from posting to our web site at our sole discretion.
  6. Being critical is fine, but don’t be rude. We will delete your comments and reserve the right to ban you from leaving additional comments.
  7. Material posted on our blog, specifically in our comments section, must not:
    1. Be obscene or otherwise offensive, objectionable, vulgar, abusive, threatening, harassing, sexist or racist.
    2. Be promotional, off-topic, repetitive, spam, or a solicitation of other goods or services.
    3. Violate any applicable laws or any other regulation, guideline or community standard.

Terms of Use

1. Your Acceptance

A. By using and/or visiting this Website, you agree to and accept (1) these user guidelines and terms of use and (2) the privacy notice found at https://www.drivetime.com/Info/PrivacyPolicy. If you do not agree to any of these terms, or the privacy notice, please do not use the Web site.  The Web site is operated by DriveTime Car Sales Company, LLC, through various service providers.

2. The Web site

A. These Terms of Service apply to all users of the Web site, including users who are also contributors of multimedia content, information, and other materials or services on the Web site.

B. The Web site may contain links to third-party Web sites that are not owned or controlled by DriveTime. DriveTime has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Web sites. In addition, DriveTime will not and cannot censor or edit the content of any third-party site. By clicking on links, understand DriveTime is not liable for your use of any third-party site, or any content posted on any third party site.

3. General Use of the Web site – Permissions and Restrictions

DriveTime hereby grants you permission to access and use the Web site as set forth in these Terms of Use, provided that:

A. You agree not to alter or modify any part of the Web site.

B. You agree not to access User Submissions or Web site content through any technology or any unauthorized means other than user interaction expressly invited on the Web site itself.

C. You agree not to use the Web site, for any commercial use. Prohibited commercial use includes any of the following actions taken without DriveTime’s express approval:

a)      Sale of access to the Web site or its related services on another Web site;

b)      Use of the Web site or its related services for the primary purpose of gaining advertising or subscription revenue;

c)       The sale of advertising, on the Web site or any third-party Web site, targeted to the content of specific User Submissions or Web site content;

d)      Any use of the Web site or its related services that DriveTime finds, in its sole discretion, to use DriveTime’s resources or User Submissions with the effect of competing with or displacing the market for the Web site content or any products or services featured on the Web site,  or its User Submissions.

E. You agree not to use or launch any automated system, including without limitation, “robots,” “bots,” “spiders,” or “offline readers,” that accesses the Web site in a manner that sends more request messages to the Web site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, DriveTime grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. DriveTime reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions.

F. You will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

G. DriveTime reserves the right to discontinue any aspect of the Web site at any time.

4. Copyright Policy Infringement Notification

We reserve the right to remove any material on the Web site that is deemed unlawful or that does not comply with the Digital Millennium Copyright Act (“DMCA”). We will only respond to notices of alleged infringement that comply with the DMCA.

To file a copyright infringement notification with us, you will need to send a written communication (not e-mail or fax) that contains the following:

a)      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b)      Identification of the copyrighted work claimed to have been infringed.

c)       Identification of the material on our Web Site that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.

d)      Information reasonably sufficient to permit us 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.

e)      A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.

f)       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.

Such written notification should be sent to:

DriveTime
ATTN: Legal Dept.
4020 E. Indian School Road
Phoenix, AZ 85018

5. Limitation of liability

In no event shall DriveTime, or its parents, subsidiaries, affiliates, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site, (iv) any bugs, viruses, trojan horses, malware or the like, which may be transmitted to or through our webs ite by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that the above parties shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.

The web site is operated and offered in the United States of America. DriveTime makes no representations that the web site is appropriate or available for use in other locations. Those who access or use the web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity

You agree to defend, indemnify and hold harmless DriveTime, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Web site.

7. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

8. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DriveTime without restriction.

9. Legal Disputes

Applicable Law. You agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and DriveTime, except as otherwise stated in these Terms.

Binding Arbitration. Any controversy or claim arising out of or relating to this Agreement, including whether a particular dispute is arbitral hereunder, shall be resolved by submission to binding arbitration.  Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including, without limitation, contract, tort, common law, statutory, or regulatory duties or liability.  Such arbitration shall in all instances be held in Phoenix, Arizona before a single, neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect, as supplemented or modified by the provisions of this Section.  Each party is responsible for their own expenses and attorney’s fees attributable to the arbitration.  The Federal Arbitration Act, 9 U.S.C. Secs. 1-15 (the “Arbitration Act”), not state law, shall govern the arbitrability of all disputes hereunder.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and DriveTime must be resolved exclusively by a state or federal court located in Phoenix, Arizona. You and DriveTime agree to submit to the personal jurisdiction of the courts located within Phoenix, Arizona for the purpose of litigating all such claims or disputes.

10. Statute of Limitations

You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within six (6) months after such claim or cause of action arose or be forever barred.

11. Notification of Changes to Terms of Service

Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the service, you agree and accept the changes and agree to the Terms.

12. Effective Date

This statement of the User Guidelines and Terms of Use is effective November 1, 2013 and as updated by us from time to time subject to the notice language contained in the Terms.

Last Updated: 05/09/2014