Terms of Use

DailyAutoAdvice.com

Terms of Use

Effective: January 1, 2016

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Daily Auto Advice (“Daily Auto Advice,” “we,” or “us”) with respect to your use of all Daily Auto Advice-owned websites and domains such as DailyAutoAdvice.com  (the “Sites”), including any Content (as defined in Section 2 below). By accessing or using the SITES in any manner (whether automated or otherwise), you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE OUR sites.

  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective when posted, and your continued use of a Site following the posting of revised Terms of Use means that you accept and agree to the changes.
  1. Scope of and Restrictions on Use. Subject to these Terms of Use, Daily Auto Advice grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). You agree not to:
    • collect information from a Site using an automated software tool or manually on a mass basis;
    • use automated means to access a Site or gain unauthorized access to a Site;
    • obtain, or attempt to obtain, access to areas of a Site or our systems that are not intended for access by you;
    • “flood” a Site with requests or otherwise overburden, disrupt, or harm a Site or our systems;
    • restrict or inhibit other users from accessing or using a Site;
    • modify or delete any copyright, trademark, or other proprietary rights notices that appear on a Site or in any Content; or
    • access or use a Site or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
  1. Motor Vehicle Loan Matching Services.  Daily Auto Advice may offer motor vehicle loan comparison and matching services on one or more of our Sites (“Matching Services”), explained in more detail below.

    3.1 Submission of Application. The Matching Services may enable you to obtain multiple motor vehicle loan conditional offers through our network of financial institutions, motor vehicle dealerships, and other providers (“Partners”). By submitting a Daily Auto Advice application, you:

    • understand that you are submitting an inquiry as to an automobile loan(s) through Daily Auto Advice to each of the Partners to whom your inquiry is transmitted;
    • certify that all of the information you have provided in the application is true, accurate, and complete;
    • consent to receive important notices, disclosures, and other communications from us and Partners in electronic form;
    • extend an express invitation to Partners to contact you to assist you with your motor vehicle loan application(s) and subsequent transactions (a) by phone at the number(s) you provide, and you hereby consent to any such calls even if your phone number is on any “do not call” list and (b) by email at the email address you provide, and you hereby consent to any such email so it will not be considered spam or unauthorized by any law, rule, or regulation (including, without limitation, Canada’s anti-spam legislation);
    • acknowledge and agree that Partners may obtain consumer reports about you from various sources, including national credit reporting agencies; and
    • authorize Daily Auto Advice to (a) sell and/or otherwise disclose personal and other information about you to Partners which may be able to assist you in purchasing a vehicle; and (b) provide reports on the status of your motor vehicle loan application(s), including without limitation information concerning whether you pre-qualify for a loan, which Partner’s loan offer (if any) you choose to accept, whether your application for credit is denied, and whether you accept a loan from that Partner. You waive any and all claims against Daily Auto Advice and its employees, agents, subsidiaries, affiliates, contractors, and suppliers for the acts or omissions of Partners with regard to their use or disclosure of any of the foregoing information. Some Partners may require additional information prior to providing an offer. In these situations, the Partner(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s).

 3.2 Additional Terms Daily Auto Advice is not a lender or a creditor, and does not extend credit, provide loans, or make credit or loan decisions in connection with loans or other products or services provided by Partners. We do not, and will not, make any coverage or credit decision with any Partner referred to you.

We do not endorse or recommend the products or services of any particular Partner, and we are not your agent or an agent of any Partner. You must rely on your own judgment in deciding which, if any, Partner, product, or service best suits your needs and financial means. Partners are solely responsible for any and all products and services they provide to you, and you agree that  Daily Auto Advice shall not be liable for any claims, liabilities, losses, damages, judgments, awards, costs, or expenses arising out of or in any way connected with your use of such products or services, including any fees charged by a Partner. You understand that Partners may keep your Daily Auto Advice application information and any other information provided by Daily Auto Advice or received by such Partners in the processing of your inquiry, whether or not you are qualified for any product or service they offer or if you acquire a product or service from them. You agree to notify a particular Partner directly if you no longer want to receive communications from them.

3.3 No Guarantees. We do not make any representations or warranties regarding any quotes, fees, terms, rates, coverage, products, or services offered or provided by Partners, nor do we guarantee that such quotes, fees, terms, rates, coverage, products, or services are the best available. We do not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Partner; loan approval standards are established and maintained solely by individual Partners. A Partner’s conditional loan offer may be subject to market conditions, approval, and qualification. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.

3.4 Fees. We do not currently charge users a fee for the Matching Services, however we may at any time elect to charge fees for the Matching Services or other products and/or services we provide, and we will notify you of those charges at the time that we offer services for a fee. Partners may pay us marketing lead generation fees for the Matching Services we provide, and your use of the Matching Services constitutes your agreement to this compensation arrangement.

  1. Ownership. The Sites (including the Content) are owned by Daily Auto Advice and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Sites are registered and unregistered marks of Daily Auto Advice and its licensors. You acknowledge and agree that, as between you and Daily Auto Advice, Daily Auto Advice is and shall remain the sole owner of the Sites and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
  1. Submitted Ideas. While we appreciate your interest in the Sites and our business, Daily Auto Advice does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Daily Auto Advice might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via a Site or in response to solicitations on a Site shall be deemed to be non-confidential and non-proprietary.
  1. Electronic Communications. The communications between you and Daily Auto Advice via a Site or in connection with the products and/or services we offer use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  1. Privacy Policy. You acknowledge and agree that all information collected by Daily Auto Advice via the Sites is subject to our Privacy Policy. By using a Site, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
  1. Changes to a Site. Daily Auto Advice reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) a Site or any portion thereof (including any Content) at any time. You agree that EasyAuto 123 will not be liable to you or to any third party for any such change, suspension, or discontinuance.
  1. Informational Purposes Only. The information we provide on the Sites is for informational purposes only, and does not constitute professional advice. We urge you to obtain the advice of a financial advisor or other qualified professional who is fully aware of your individual circumstances before you make any financial decisions.
  1. Disclaimer; Limitation of Liability.

10.1 Disclaimer of Warranties. THE SITES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND  Daily Auto Advice HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER  Daily Auto Advice NOR ANY PERSON ASSOCIATED WITH  Daily Auto Advice MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE SITES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER  Daily Auto Advice NOR ANYONE ASSOCIATED WITH Daily Auto Advice REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

10.2 Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL Daily Auto Advice OR its OFFICERS, directors, employees, agents, licensors, OR Partners BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE ANY SITE OR ANY CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2,  Daily Auto Advice IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL Daily Auto Advice‘s AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO Daily Auto Advice IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS (U.S. $100.00), WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SITES IS AT YOUR SOLE RISK.

10.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.

  1. Indemnification.  You agree to indemnify, defend, and hold Daily Auto Advice and its officers, directors, employees, agents, licensors, and Partners harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Sites, Content, or any products and/or services we offer, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Sites and/or these Terms of Use.
  1. Third Party Materials. Our Sites may display, include, or make available third-party content (including data, information, applications and other products, services, and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that EasyAuto 123 is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Daily Auto Advice does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  2. Miscellaneous

13.1 Geographic Restrictions. The products and services we provide are only available to residents of Canada, and the products and services provided by our Partners may be geographically limited. Products and services available to residents of Canada may not be available in all provinces. We make no claims that the Sites or the Content are accessible or appropriate outside of Canada. Access to and use of the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

13.2 Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Canadian law. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or any Site or Content shall be instituted exclusively in the Canadian courts. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.3 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY SITE OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13.4 Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY SITE OR CONTENT.

13.5 Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

13.6 Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and Daily Auto Advice with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

  1. Questions. If you have any questions about any of the Sites or these Terms of Use, please email us at info@easyauto123.com.