YOUSELLWESAVE

This document describes the terms and conditions under which YouSellWeSave enables its users (car sellers and buyers) to access and use its Software-as-a-Service platform.

About YouSellWeSave?

We’re Driving Gears, Inc. (“we”, “our”, “us”) and operate under the name YouSellWeSave. YouSellWeSave provides car buyers and sellers (collectively “Users”) with a patent-pending SaaS-based solution where buyers can identify and finalise a deal themselves at their own time without needing to meet a salesperson. AutoDealCloser operates on a vision to change how sellers and buyers trade their products and services.

AutoDealCloser owns and operates the website autodealcloser.com (“Site”) and an online marketplace platform for selling and purchasing vehicles (“Marketplace”). The Site, Marketplace, and SaaS, are collectively referred to as the Service.

Agreement to Terms:

PLEASE READ THIS DOCUMENT CAREFULLY. THESE TERMS OF SERVICE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN THE USER AND AUTODEALCLOSER, AND CONTAIN IMPORTANT INFORMATION REGARDING THE DURATION OF THE SERVICES, OUR RIGHTS TO CHANGE THESE TERMS OF SERVICE, LIMITATIONS OF OUR LIABILITY, WARRANTY DISCLAIMERS, TERMS REGARDING THE CUSTOMER AND ITS USERS’ PRIVACY RIGHTS. ANY USE OF OUR SERVICES OR MARKETPLACE WILL MEAN THAT YOU HAVE ACCEPTED THE TERMS AND CONDITIONS DESCRIBED BELOW.

The Service is offered and provided subject to acceptance without modification of all of the terms and conditions contained herein (“Terms of Service” and “Agreement”). The Terms of Service shall be deemed to include AutoDealCloser’s Privacy Policy.

This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site or our Marketplace.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

This website is controlled and operated by AutoDealCloser from its offices in California, United States. AutoDealCloser makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

SERVICES.
Our role

We are not a car seller, dealer, broker or agent for car sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. AutoDealCloser is solely a third-party intermediary connecting and negotiations platform with limited role enabling car buyers to search for a car (online or from the parking lot of the car dealership) and finalise a deal at their own time without needing to meet a salesperson.

All information provided on the Marketplace is for informational purposes only. As such, AutoDealCloser cannot guarantee the accuracy of information provided by the car seller on the Marketplace, including any features, condition, safety, quality or its availability. Both the car buyer and seller acknowledge and accept that the seller assumes any and all liability for any discrepancies contained in the listing and for the vehicle availability. The buyer hereby agrees that any reliance on the information on the Marketplace is at their own risk and releases AutoDealCloser from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such car listings on the Marketplace.

Information related to the buyer

The buyer may use AutoDealCloser’s AI Sales Assistant Software. Based on seller rules, the car buyer can negotiate the price using the same tool, close the deal, and receive a final voucher following the conclusion of the process. For the avoidance of any doubt, AutoDealCloser is not a third-party negotiator, but merely provides a SaaS negotiation solution to both parties. A request to talk to a salesperson or schedule a testdrive is also available on the Marketplace. Once the voucher has been issued, the buyer can meet with the car seller, sign the purchase contract, and agree on any remaining issues, such as payment and delivery details. All buyers are encouraged to thoroughly review any documents they are asked to sign at the time of purchase. Car buyers qualify for an up to $100 voucher for each deal they finalise on AutoDealCloser Marketplace and the check will be issued only after we verify the conclusion of the purchase agreement with the car seller.

Information related to the seller

AutoDealCloser is free to list a car for a limited period. We reserve the right to charge a fee to any car sellers that wish to continue using the Marketplace to allow them post their listings and manage their inventories, deals, sales rules (such as fixed price or in a range), and QR codes after that period is over. Once a deal has been closed and the final voucher has been issued, the car seller can meet with the buyer, sign the purchase contract, and agree on any remaining issues, such as payment and delivery details.

Termination.

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE IN THE SITE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you wish to close your AutoDealCloser account, you may do so by emailing our customer support at info@AutoDealCloser.com Upon termination, all rights and obligations of the parties under this Agreement shall cease, and you shall immediately stop accessing and using our Marketplace, except that all obligations that accrued prior to the effective date of termination and all remedies for breach of the Terms of Service shall survive. AutodealCloser may retain and use non-personally identifiable information in accordance with our Privacy Notice and internal retention policy.

Modifications and Interruptions.

We shall not be liable to you or any third party for any suspension, or discontinuance of the Site and Marketplace.

We cannot guarantee the Site and Marketplace will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Marketplace during any downtime or discontinuance of the Site or Marketplace

Nothing in these Terms of Service will be construed as to obligate us to maintain and support the Site or Marketplace or to supply any corrections, updates, or releases in connection therewith.

Trademark Information and Intellectual Property.

You agree that all of AutoDealCloser’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of AutoDealCloser, and that you will not display or use any of the foregoing without AutoDealCloser’s prior written approval in each instance.

You agree that the Marketplace contain proprietary information protected by applicable intellectual property and other laws in favor of AutoDealCloser. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site and Marketplace are protected under applicable copyrights and other proprietary (including, but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site and Marketplace is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or Marketplace. The posting of information or materials on the Site or Marketplace does not constitute a waiver of any right in such information and materials. Some of the content on the Site and Marketplace might be the copyrighted work of third parties. Autodealcloser.com is registered exclusively to AutoDealCloser.

Disclaimer of Warranties.

THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS”.

ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY VEHICLE AVAILABLE FOR SALE ON THE MARKETPLACE SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN THE BUYER AND THE CAR SELLER. AUTODEALCLOSER IS MERELY A THIRD-PARTY INTERMEDIARY SERVICE PROVIDER THAT ALLOWS BUYERS TO CONNECT WITH CAR SELLERS AND NEGOTIATE THE CAR SALE. AUTODEALCLOSER ASSUMES NO LIABILITY FOR THE ACCURRACY OF THE LISTINGS ON THE MARKETPLACE. AS SUCH, AUTODEALCLOSER DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR FEATURES OF ANY VEHICLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUTODEALCLOSER OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. AUTODEALCLOSER CANNOT GUARANTEE THE CONCLUSION OF THE SALE OF A VEHICLE AND BEARS NO RESPONSIBILITY IN THE EVENT THE SALE DOES NOT HAPPEN.

FURTHERMORE, AUTODEALCLOSER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT CAR SELLERS WILL SELL THEIR VEHICLES, OBTAIN AN ACCEPTABLE PRICE FOR THEIR VEHICLES, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING THEIR VEHICLES FOR SALE.

IN THE EVENT OF A DISPUTE BETWEEN A CAR SELLER AND A BUYER ARISING FROM ACTUAL OR POTENTIAL TRANSACTION, USERS AGREE TO RESOLVE THE DISPUTE WITH EACH OTHER.

Limitation of Liability; Waiver.

IN NO EVENT SHALL AUTODEALCLOSER (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS) BE LIABLE CONCERNING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE, MARKETPLACE, OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE AND MARKETPLACE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST AUTODEALCLOSER ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE AND MARKETPLACE, OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE AND MARKETPLACE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to (a) defend AutoDealCloser, its affiliates, licensors and Business Partners, and their officers, directors, employees, contractors and representatives (Indemnitees) against any action or suit by a third party that arises out of any transaction or other dealings between you and any other user or Business Partner, your use or misuse of the Marketplace, or your breach of any of your representations, warranties or covenants under the Terms of Service and (b) indemnify the Indemnitees for liabilities (resulting from settlements or judgment awards), costs and expenses (including without limitation, reasonable attorneys’ fees) related to such claims. In addition, AutoDealCloser reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with AutoDealCloser in asserting any available defenses.

Privacy and Data Security.
1. Privacy

We respect our users’ privacy. In order to be able to provide you access to the Marketplace, we may need to access, collect and store certain personal information. We may also need to share such information with companies that provide services to us, third-parties partners and other users (dealships or their agents). The objectives and the scope of our collection, use and disclosure of personal data of the users in connection with their use of our Marketplace is outlined in our privacy notice, available here.

Data Security

The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We have adopted a series of technical, organisational, and physical measures to keep it secure in our data centers and it is accessible only to authorized personnel as needed to perform operations governed by our Privacy Notice.

Governing Law; Arbitration

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Service shall be governed by and construed in accordance with the laws of the California, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service.

Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration before the Americal Arbitation Association. The arbitration shall take place in Thousand Oaks, California, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

General Provisions.
1. Entire Agreement

These Terms of Service, together with all applicable addenda hereto, if any, constitute the entire agreement between the user and YouSellWeSave with regards to the subject matter hereof and supersede any other prior and contemporaneous communications and agreements between them.

Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision. Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with YouSellWeSave’s prior written consent

These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others without your consent at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. You also agree that no terms in this Agreement will be construed against us by virtue of having drafted them.

Severability

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

Changes to these Terms of Service

We reserve the right to make changes to these Terms of Service (including any ancillary document, such as any addendum or supplement hereto) at any time by (a) posting a revised version of such terms on our website, or by (b) sending information regarding any such amendment to the email address linked to your account. The revised Terms of Service or any such ancillary document will become effective and apply to the users of the Marketplace within thirty (30) days from the user’s receipt of the updated document or from the date of its publication on the website, whichever occurs first.

Contact us

If you wish to contact us for matters related to these Terms of Service, please write to us at 3538 Moonlight Ct, Thousand Oaks, CA 91362, United States, or at info@AutoDealCloser.com

If we need to contact you for matters related to these Terms of Service, we will use the contact information that you have provided to us upon registering to the Marketplace. Please ensure to promptly advise us of any changes to your contact information. All notices will be deemed delivered on the date shown on the postal receipt, or on the courier, facsimile or electronic mail confirmation of delivery. You acknowledge and agree that YouSellWeSave shall have no liability associated with or arising from your failure to maintain and supply YouSellWeSave with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.

Your Rights.

You have a right to:

access the personal data we hold about you, or to get a copy of it;
ask for a copy of your personal data in a portable (machine-readable) format or make us send it to someone else;
ask us to correct inaccurate data;
ask us to delete, ‘block’ or suppress your data. However, we might not be able to do it for legal reasons;
withdraw any consent you’ve given us;
ask us to review a computer-made (automated) decision;
say no to us using your data for direct marketing and in certain other ‘legitimate interest’ circumstances.

Advertising-related information.
1. Opt out of marketing communications

You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, or by contacting us as provided below to have your contact information removed from our promotional email list. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional and account-related messages.

You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info, http://optout.networkadvertising.org/ and . http://www.youronlinechoices.eu

Blocking cookies in your browser

Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org

Blocking advertising ID use in your mobile settings

Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device (e.g. Apple ID for Advertising or Google Advertising ID) for interest-based advertising purposes.

Using privacy plug-ins or browsers

You can block sites from setting cookies for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.

Advertising industry opt-out tools

You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies (but note we may work with companies that do not participate in these programs):

European Interactive Digital Advertising Alliance (for users in the United Kingdom and Europe)
Digital Advertising Alliance (for web users)
Network Advertising Initiative

Send "Do Not Track" Signals

Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.

Security of Your Personal Data.

Where we store or send your data.
International transfers of information we collect and transfers to third parties

The Services are controlled and operated from the United States, however, we collect information globally and may transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you our Services and access to the Marketplace. Whenever we transfer your information, we take appropriate steps to protect it.

Some of the third parties described in this Privacy Notice, which provide services to us under contract, are based in countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of customers in the European Economic Area, the UK, or Switzerland, we make use of the European Commission-approved standard contractual clauses for transfers to data processors.

Complaints.

In case you have concerns regarding our data processing practises you can write to us at privacy@autodealcloser.com If you feel we haven’t resolved your concerns in a satisfactory way, you may have the right to submit a complaint to the Data Protection Authority in the country where you live, where you work or where you feel your rights were infringed. You can find a list of all Data Protection Authorities here.

California Requirements.
1. Exercising your rights

If you are a California resident, there are some additional rights that may be available to you under the California Consumer Protection Act (“CCPA”). This notice explains the tools that we have made available to you to exercise your data rights under the CCPA, such as the right to deletion and the right to request access to the categories of information we have collected about you. For more information on how to exercise your rights please visit “Your Rights” section of this notice. You will not be discriminated against for exercising any of your privacy rights under the CCPA. In order to protect your information from unauthorized access or deletion, we may require you to provide additional information for verification. If we cannot verify your identity, we will not provide or delete your information.

Sharing your personal information

We don't sell your personal information. We do share your information with others as described under “How we share information we collect” section of this notice. We've provided more information about how you can manage your advertising and do-not-track preferences, within this notice.

Processing your information

This notice describes the categories of personal information we may collect, the sources of that information, and our deletion and retention policies. We’ve also included information about how we may process your information, which includes for "business purposes" under the CCPA, such as to protect against illegal activities and offer you new Services. If you have questions about the categories of information we may collect about you, please be sure to visit the section of this notice called, “Information we collect.” For more details about our processing activities, please be sure to visit the section “How we use information we collect.”

If you have any questions or would like to exercise your rights under the CCPA, you can reach out to us at privacy@autodealcloser.com.

Our policy towards children

The Marketplace and our Services are not directed to individuals under 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact the appropriate customer support team at privacy@autodealcloser.com.

Changes to this notice

We may change this Privacy Notice from time to time. We will post any changes on this page and, if the changes are significant, we will send you an email to let you know. If you disagree with any changes to this Privacy Notice, you will need to stop using our Marketplace and Services immediately and contact us to close your YouSellWeSave account.

We encourage you to review our Privacy Notice whenever you use YouSellWeSave and our Services to stay informed about our data processing practices and how you can protect your privacy.

Contact Us.

Your information is controlled by YouSellWeSave. Feel free to contact us if you have any questions or concerns about this notice. You can reach out however you prefer:

Email: privacy@autodealcloser.com
Physical letter: 3538 Moonlight Ct, Thousand Oaks, CA 91362