We may ask you to provide us with Personal Information when you communicate with us (online or offline), purchase a vehicle from us, apply for a loan or credit, purchase a vehicle service contract from us, participate in consumer surveys, sweepstakes or contests, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Sites or Services, or we may not be able to fulfill your requested interaction.
We may collect Personal Information from third-party data sources such as data brokerages, insurance companies, consumer reporting agencies, marketing/advertising agencies, analytics firms, telecommunications providers, and government agencies.
We use personal information you supply to provide you with information or Services you have requested. We may also use the information to communicate with you about our current products and services, our new features, products, or services, or to improve the services that we offer by tailoring them to your needs. We may also use this information to respond to governmental or other legal requests and we may otherwise share the information with our affiliates for any of these purposes.
We may also use the information we collect about you, your computer, or other device for any lawful business purpose, including without limitation, to help diagnose problems with our servers, to gather broad demographic information, analyze trends, track users’ movements around the website, and to otherwise administer the website, including to increase and enhance the security of our Sites.
We may share information about you, your computer, or other device, with our parent, subsidiaries, and affiliates. We may also share your information with unaffiliated parties so that we may conduct our business, and so we, or the unaffiliated parties, may offer you products and services. There are also times when you may provide information about yourself to us in areas that may be managed or participated in by third parties. In such cases, the information may be used by us and such third parties, each pursuant to its own policies. While we may seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we are not responsible for any actions or policies of third parties.
We may, disclose certain information to government agencies, consumer-reporting agencies, and other outside parties as permitted or required by the Federal Privacy Act and other applicable laws, for example, to cooperate with governmental, law enforcement, or other investigation(s) or legal proceedings. We reserve the right to use, sell, transfer, and share data about our users for any lawful business purpose.
DriveTime uses reasonable security standards to secure your information. Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, however, we cannot guarantee the security of the information you send to us or the security of our servers, networks or databases.
Our website is intended for users who are 16 years or older. We do not knowingly collect information from children under 16 years old. If you are a parent or legal guardian and think your child under 16 has given us information, you can call us at (800) 967-8854 or email us at [email protected] If we learn that we have collected the information of a child under 16, we will delete such information from our records.
If you are a California resident, you may have additional privacy rights. For a complete discussion of such rights, please see our
California Rights and Disclosures.
If you suspect that someone has had unauthorized access to your account with us or access to your personally identifiable
information, you should report this crime to your local law enforcement agency and to the Federal Trade Commission (FTC). To speak
with a trained FTC telephone counselor, call toll-free 1-877-IDTheft (
). Or, to enter information about your complaint into a secure FTC online database, visit
The site also provides links to consumer education materials.
These practices and policies are subject to change, but we will communicate any material changes to you. The practices and policies in this disclosure replace all previous privacy notices or statements of DriveTime.
Compliance Team, 1720 West Rio Salado Parkway, Tempe, AZ, 85281 or
. Make sure to include enough
information so that we can help you, such as your name, contact information, and the specific website mobile site, application,
and/or other service you are contacting us about.
govern your use of the site. Please read these terms, because by using the website, you agree to be bound by
which govern each website, mobile site, application, and/or other service, regardless of how distributed,
transmitted, published, or broadcast (each, a "Service") provided by DriveTime, its parent,
subsidiaries and/or affiliates ("we," "us," or "our") that links to these Terms of
carefully. By using the Service, you agree that you are bound by all of the provisions of these Terms of
this page, so check back often. Continued access of the Service by you will constitute your acceptance of any
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations,
creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service
marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data,
statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and
materials (collectively, "Content") available on or through the Service, whether posted, uploaded,
transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers.
In general, you can use the DriveTime website without setting up an account or providing personal identifying
information. We may require you to set up an account to access certain portions of the service. The
information you provide must be accurate. You must keep your information secure and must not use anyone else’s
A. In general, you can use the DriveTime website without setting up an account or providing DriveTime with
information about you. We may at times require that you register and/or set up an account/profile to access
and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or
required to choose, a password and/or User ID, and you may provide payment information, your name, telephone
number(s), email and/or street address, and other personally identifiable information ("Registration
Information"). We may use and share your Registration Information as described in our
B. You guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date,
and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or
setting up an account/profile on the Service. If any of your Registration Information changes, you must update
it promptly by using the mechanism or contact information on the Service that allows you to change your
Registration Information, if available. If no such mechanism or contact information is available on the
WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR
FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION
YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR
VERIFYING YOUR REGISTRATION INFORMATION.
C. We reserve the right at any time to change the access means or methods for portions of the Service, the
Service as a whole, or certain products and/or services.
D. You will be solely responsible for maintaining the confidentiality of your Registration Information. You
may not authorize or permit anyone else to access and/or use your Registration Information or the Service with
your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration
Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or
Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration
Information to any third party without our written approval. Any attempt to do so will be null and void and
E. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile
including, but not limited to, use of the account/profile by any person who uses your Registration
Information, with or without authorization, or who has access to any computer, mobile or other device on which
your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically
authorize us to, process all transactions, including without limitation purchases and/or registration for
additional merchandise, products and/or services, including without limitation Content, that are initiated by
use of your Registration Information.
F. If you have reason to believe that your account/profile is no longer secure, you must immediately change
the affected Registration Information by using the mechanism or contact information on the Service, if
available, and/or close the account/profile. If no such mechanism or contact information is available on the
We strive for your experience using the DriveTime website, to be enjoyable and may monitor activity to make
We may monitor activity on the Service. You hereby specifically agree to such monitoring. Nevertheless, we do
not make any representations, warranties or guarantees that: (1) the Service, or any portion thereof, will be
monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in
the event of a challenge or dispute regarding compliance or non-compliance with the Agreement.
B. What to Do if You Have a Complaint About the Service and the Content
If you have a legitimate complaint about the Service or the Content, please do the following:
Experience with Our Service: If you have concerns about the content on our Service, the speed, or your user
experience in general, please contact us at
Copyright Complaints: If you have reason to believe that your Content has been copied and/or is accessible on
the Service in a way that constitutes copyright infringement, or that the Service contains links or other
references to another site, application, destination or service that contains Content or activity that
infringes your copyright rights, you may notify us as described below in the section entitled Copyright
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft,
fraud, infringement, or hacking, you may contact the
Internet Crime Complaint Center
, a partnership between the
federal bureau of investigation
national white collar crime center
(nw3c), and the
bureau of justice assistance
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR
VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO
LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
A. Use of the Service by You:
1. This Service is not intended for use by children, especially those under age 13, and we do not knowingly
collect personally identifiable information from users under the age of 13. No one under age 13 is allowed to
register for the Service or to submit personally identifiable information to us, or to use portions of the
Service that require registration. Minors between ages 13 – 17, inclusive, must get the permission of their
parent(s) or legal guardian(s) before making purchases, including subscriptions for the Service.
2. You shall ensure that all equipment, hardware, software, products and/or services you use to access,
visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or
interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our
other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware,
software, product and/or services causing interference with us, our licensors, vendors, service providers, the
Service or any Content.
3. If you provide to us the number for a mobile or other device, or we obtain the device identifier for a
device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name
and owned by you, or that you have permission of the device owner(s).
4. Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are
solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow
to use, or provide access to, the Service, for example, by authorizing or allowing access to your
account/profile or any computer, mobile or other device on which the Service resides or is accessible.
5. You must comply with all applicable import and export control laws, rules, and regulations of the United
States and other countries, and you must not transfer, by electronic transmission or otherwise, any Content
subject to restrictions under such laws, rules, or regulations to a site, application, destination, location,
person or entity, or for an end use, prohibited thereby.
6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Content that is provided by us, our licensors, vendors and/or service providers, including without
limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and
other brand identifiers, the organization, design, compilation, and "look and feel" of the Service,
and all advertising thereon, is protected by local, state, federal, provincial, national, international, and
foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property
of us or our licensors, vendors and/or service providers.
8. Certain Content may be made available to you on or through the Service for download, installation, and/or
streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos,
images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such Content is subject
to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our
licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such
Content only to the extent expressly authorized for the particular Content, and you may not use such Content
in a manner that exceeds such authorization. Certain Content on the Service may be provided by third parties
and DriveTime may not have editorial control over the content. The views or opinions expressed by those third
parties do not necessarily represent the views of DriveTime.
9. Vehicle listing, financing, and pricing information on the Service is for informational purposes only and
DriveTime does not guarantee the accuracy of such information. DriveTime may obtain vehicle listing
information, including vehicle descriptions from third parties, so there is a possibility that unintentional
errors can occur. All vehicles are subject to prior sale and may not be available in your area when you are
ready to purchase. You agree that any reliance on the vehicle listing, financing, or pricing information on
the Service is at your own risk. All vehicle listings are subject to the Disclaimer of Warranty and Limitation
© Certain automotive content displayed within this website and applications described therein, Copyright
and are protected
under the United States and international copyright law. Any unauthorized use, reproduction, distribution,
recording or modification of this content is strictly prohibited.
B. Prohibitions on Use of the Service:
1. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable,
authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do
any of the following for any reason:
- access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of
anyone else's account/profile and/or Registration Information;
- make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including
without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service
marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or
through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in
writing by the Agreement, us or the Service;
- impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or
otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or
entity when using the Service;
- authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or
use the Service by use of your account/profile and/or Registration Information;
- falsely state, represent, or imply any affiliation, association, or connection between any person or
entity, including without limitation you, your company, or your site, application, destination or service,
with the Service, us, or our licensors, vendors and/or service providers;
- use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any
other automated process, or engage in meta-searching or periodic caching of information, to access, visit
and/or use the Service, including without limitation to post, upload, transmit, send, or other make available
Content on or through the Service;
- copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or
store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data,
software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries,
repositories, or any other information available on or through the Service, including by an automated or
manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix,
rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or
other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms
for preventing the unauthorized reproduction or distribution of Content;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix,
rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher,
decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform,
transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content
obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law
or as expressly permitted in writing by the Agreement, us or the Service;
- copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix,
rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher,
decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of
the Service, in whole or in part, including without limitation any Content, communications, messaging,
programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce
the Service, in whole or in part, to a human perceivable form;
- access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm,
attack, hack, destroy, damage, disable, impair, alter, tamper or interfere with, the Service including without
limitation any Content, communications, messaging, programming, hardware, functionality, or features on our
networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the
Service, in any way or by any means, whether remotely or by access to our personal property, premises, or
otherwise, including, without limitation, by using administrator passwords or by masquerading as an
administrator while using the Service or otherwise; or
- post, upload, transmit, send or otherwise make available on or through the Service any software disabling
devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware,
malware, malicious programs or code, or devices or defects of similar nature.
2. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION
OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE
RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM
ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
C. Editing, Additions and Deletions:
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit,
move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or
downloadable from, the Service, including without limitation any Content in your account/profile. This
includes updates or upgrades to Content. You agree to accept, and to take no action to interfere with,
automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms,
computers, or devices. If you do not refresh the Service after each such change, or download the update(s) or
upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which
we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain
new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet
and/or other services, you are solely responsible for any additional expense. Even after Content is removed
from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or
deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our
licensors, vendors, service providers and/or other third parties.
D. Copyright Complaints:
1. We respect the intellectual property of others, and we ask our users to do the same. We may, in
appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue,
suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who
infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to
Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
2. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a
way that constitutes copyright infringement, or that the Service contains links or other references to another
site, application, destination or service that contains Content or activity that infringes your copyright
rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the
following information (as required by the Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works
at the Service are covered by a single notification, a representative list of such works at the Service;
iii. Identification of the copyrighted work 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 us to locate such copyrighted work;
iv. Information reasonably sufficient to enable 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
v. A statement that the complaining party has a good faith belief that use of the copyrighted work in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. 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
3. IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES
THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND
ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS
BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES
YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE
CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
4. Copyright Agent: Compliance Team,
Rio Salado Parkway, Tempe, AZ, 85281
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of
our and their respective officers, directors, members, employees, independent and sub-contractors, agents,
representatives, successors and assigns (collectively, "Indemnitees") from and against any and all
claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or
expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of
or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized
of your acts or omissions in connection with the Service.
F. Disclaimer of Warranty and Limitation of Liability:
1. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED,
ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU
AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH
ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE
INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD
2. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS",
"WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY
DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR
IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN
OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO
THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR
FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED
CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF
SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN
THE EVENT OF ANY SUCH OCCURRENCE.
3. WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED,
GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US
OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM
FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY
OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE
OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY
OTHER CAUSE OR COMBINATION THEREOF.
4. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL,
ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR
OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF
SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR
RELIANCE ON, THE SERVICE AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM
OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE
CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES,
BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED
BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR".
G. Termination or Suspension of the Service, Your Use of the Service, and/or the Agreement:
1. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or
restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any
portion thereof, and/or the Agreement, including without limitation any of our purported obligations
hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of
your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the
Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to
use, your password and/or User ID.
2. Even if the Service, your ability to access, visit and/or use the Service or any portion thereof, and/or
the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to
(but we may in our discretion) remove any Content, and therefore copies of all information with regard to your
account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on
or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, service
providers and/or other third parties. Nevertheless, we have no obligation to retain, store, or provide you
with any information with regard to your account/profile and/or Content you may have posted, uploaded,
transmitted, sent or otherwise made available on or through the Service. All provisions of the Agreement shall
survive the termination or expiration of the Agreement and/or your account/profile.
H. Communications to You:
1. The communications between you and us usually use electronic means, whether you access, visit or use the
Service, send us messages, or whether we post notices on the Service or communicate with you via messaging.
For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree
that all notices, documents, disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to
receive communications and do business electronically, and your agreement to do so applies to all of your
interactions and transactions with us.
2. You understand and agree that joining the Service may include receiving certain communications from us,
such as transactional or relationship messages, and/or messages about your account/profile, and that these
communications are considered part of your account/profile and you may not be able to opt out of receiving
them without ceasing to be a registered user of the Service.
3. If you wish to opt out of email communications and no longer have the email with the link, you can opt
yourself out by calling 888-418-1212 or emailing
. If you wish to
opt out of text
messages and no longer have the text message with instructions for opting out, you can reply to the text
message with DTSTOP. If you wish to join back in to text messages, you can reply to the text message with
4. SMS Terms and Conditions, SC42277
Program Description: DriveTime Alerts & Info Service is an sms campaign that
messages to DriveTime customers reminding them of upcoming payments, payment notifications, service reminders,
together with news and information from the DriveTime Automotive Group. This sms service is only available to
Additionally, DriveTime Text Confirmations is a one-time text response to actions taken by DriveTime credit
applicants on DriveTime’s website. A one-time text response will send the result of an online application for
credit. A one-time text response will send the reminder before the scheduled time of an appointment scheduled
i.Supported Carriers: DriveTime Automotive Group Inc.’s Alerts & Info and Text
Services is available on the following carriers:
Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular South, Centennial
Wireless, Cincinnati Bell, GCI, Immix Wireless, Inland Cellular, IV Cellular, Nex-Tech Wireless, nTelos,
Sprint PCS, T-Mobile, U.S. Cellular, United Wireless, Verizon Wireless, Virgin Mobile USA, West Central
Wireless, Cricket, and Metro PCS.
T -Mobile is not liable for delayed or undelivered messages
ii. Cost: There are no premium charges for joining the DriveTime Automotive
Alerts & Info or Text Confirmations Services for receiving the alert and info messages, however
Msg&Data rates may apply.
iii.Message Frequency: If you opt-in to receive alerts or info from the
Group Inc., you will receive up to five messages per week.
When you submit an online application you will receive one message. When you schedule an appointment you will
receive one message.
iv. How to opt-in to our service: To opt-in to DriveTime Automotive Group Inc.
Alerts & Info
program, text DRIVETIME to 42277.
v. How to opt-out of our service: To opt-out of the DriveTime Automotive Group
Inc. Alerts &
Info program, text STOP at any time to 42277. An unsubscribe message will be sent
mobile number confirming the cancellation, but no more messages will be sent from this program after that one.
vi. Support/Help: For support or information about our DriveTime Automotive
Alerts & Info service, text HELP at any time to 42277. You can also email us at
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem"
that enables you to access, visit and/or use the Service via your computer, mobile or other device, including
without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless,
and Internet network providers and carriers, and sellers or providers of Content for use with the Service
(collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions
of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all
carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE
THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH
ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND
WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND
OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH
MOBILE PARTICIPANTS. Standard data rates may apply. We have agreements with some of these Mobile Participants
that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile
subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the
have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is
limited to a non-transferable license to use the Service on the particular product authorized by the
applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable
usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or
content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in
the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the
applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if
any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty
obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for
addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the
Service or your possession, access, visitation and/or use of the Service, including without limitation (a)
product liability claims; (b) any claim that the Service fails to conform to any applicable legal or
regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in
the event of any third party claim that the Service or your possession, access, visitation and/or use of the
Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible
for the investigation, defense, settlement and/or discharge of such claim.
J. Third Party Content
The Service may contain hyperlinks to websites operated by parties other than DriveTime. DriveTime does not
operate the third party service(s) or links and is not responsible for the content or accessibility outside of
the DriveTime website. The Service may also contain content created by third parties, such as customer
reviews, where third parties may express their ideas and opinions. DriveTime and its affiliates do not endorse
the accuracy or reliability of any third party content.
K. Disputes and Jurisdiction:
1. The Service is based in the United States. It is not designed, customized or intended for, or directed to,
any other country. Those who choose to access, visit and/or use the Service do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no
representation, warranty or guarantee that the Service, or any merchandise, products, services, and/or Content
available on or through the Service are appropriate, available, or legal in any particular geographic
3. You agree that in the event of any dispute between us, you will first contact us and make a good faith
sustained effort to resolve the dispute before resorting to more formal means of resolution. If we have a
dispute that we are unable to resolve, you and DriveTime agree to binding arbitration using the American
Arbitration Association or J.A.M.S. You may send a demand for arbitration to either of the following:
American Arbitration Associate (AAA)
Road, Suite 1750
Dallas, TX 75240
700 11th Street,
NW, Suite 450
Washington, DC 20001
The applicable rules of the arbitration forum you select will apply. You are giving up
your right to
a trial by jury or class action or similar relief. You have all other rights and remedies under
applicable law. We will not object if you wish to use small claims court. If the cost of the arbitration forum
exceeds normal court filing costs where you live, we will pay these costs. If paying these normal filing costs
is a burden, we will also pay these costs. The arbitration will occur at the closest AAA or J.A.M.S. office to
where you live.
You have the right to reject this arbitration agreement, in which event neither you nor we will have the
right to require arbitration of any disputes. Rejection of this arbitration agreement will not affect any
other aspect of your contract. In order for you to reject this arbitration agreement, we must receive a signed
writing ("Rejection Notice") from you within 30 days of the day you enter into the contract, stating
that you reject the arbitration agreement. The Rejection Notice must include your name, address and Customer
Number and must be mailed to us at: DriveTime, 1720 West Rio Salado Parkway, Tempe, AZ, 85281 by mail, return
receipt requested. Upon receipt of your Rejection Notice, we will refund your postage cost. If you reject this
arbitration agreement, that will not constitute a rejection of any other arbitration agreement between you and
4. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other
action(s) that we deem necessary and/or appropriate, to prevent or correct violations and enforce the Terms of
Use. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to
5. You agree that, regardless of where you access, visit and/or use the Service, all issues concerning the
in accordance with the laws of the United States, in the particular State where the Service is headquartered,
without regard to any principles of conflict of laws. To the extent permitted by applicable law, all judgments
or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) and shall not include
any indirect, punitive, incidental and/or consequential damages.
thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent
be valid and enforceable in full force and effect.
1. We reserve the right to post, from time to time, additional rules that apply to certain portions of the
Service, or the Service as a whole. Such additional rules will be posted in the relevant portions of the
visitation and/or use of the Service constitutes your agreement to comply with these additional rules.
constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set
forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any
subsequent breach or default.
hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer,