CARAMEL may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. CARAMEL will not be liable to you should it exercise those rights.
Eligibility & Jurisdiction; Content; Consents, License and Access Eligibility & Jurisdiction
The Services are controlled and operated by CARAMEL from the United States and are not intended to subject CARAMEL to the laws or jurisdiction of any state, country, or territory other than the United States (excluding unincorporated territories, Puerto Rico, and Guam). CARAMEL does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The Services are intended only for use in the United States by individuals who are 18 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services, you represent and affirm that you meet these requirements. If you choose to access this site from a location outside the United States, you are responsible for compliance with local laws.
CARAMEL does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.
License and Access
To access our website or use the Mobile Application, you must provide your own access to an active internet connection via a hardwired or wireless network and pay any internet provider, cellular or data service, communication, use, access, and connection fees as may be applicable with such network access. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for the full functionality of the App if you don't have access to the internet. If you're using the app outside of Wi-Fi, the terms of agreement with your mobile network provider will still apply. Data and/or roaming charges may apply.
To access the Services, you may be asked to provide certain registration details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of the Services that all the information you provide is correct, current, and complete, and you agree to maintain and update your user account information, if any, as soon as possible as it changes. The App stores and processes personal data that you have provided to us so that you can conduct business with us. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to keep your phone and access to the App secure, including protecting your username and password, if any. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with the Services. We also recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the App won't work properly or at all. You must notify us immediately if you suspect fraudulent activity on your account, the App, or the Services.
CARAMEL IS NOT A LENDER. As part of the Services, with your express authorization, we utilize third- party vendor services to pre-qualify you for potential financing of your purchase and to show you what vehicle payment options are available to you based on the information you provided to us during the account formation process. You understand prequalification is an estimate based upon preliminary information and is not a guarantee of final pricing. You acknowledge and agree that at the pre-qualification stage of the Services is not a credit application and does not affect your credit score. Once you select a vehicle, we verify your information, and following your electronic document/signature consent, you will be presented a credit application, which you must complete in fully. In that application you consent to a full credit check that upon submission of your credit application to our third-party lender(s), will impact your credit report as an inquiry.
You understand that as a legal requirement, Caramel is required to securely maintain a copy of your information we use for pre-qualification and any other information provided by you in the processing of your financing request for any legally required retention period, whether you are approved for financing or not, or you complete a vehicle purchase with us or not.
Availability of CARAMEL Services
Caramel’s Services may not be available in all states, territories, counties, cities, or townships.
Communications in Languages Other than English
Please note, we may be unable to fulfill Services in a language other than English. Our communications to you may be in English only. If you are not fluent in English, please consider obtaining the services of a qualified interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.
Telephone Consumer Protection Act (“TCPA”) Disclosure and Consent
You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, including wireless telephone numbers that could result in charges to you, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. The texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices.
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You expressively consent to this monitoring and recording.
You further agree that CARAMEL, and any of our affiliates, agents, assigns and service providers may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Your consent is not a condition of making a purchase and may be revoked at any time and by any reasonable means.
Access and/or use any other person’s Identity or User Information (defined below) or account unless you have their express permission to do so.
Restrict or inhibit another person from using the Services. Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law. Remove or modify any copyright or other intellectual property notices that appear in the Services. Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services into any product or service, unless you obtain CARAMEL’s express written consent.
Account Creation; User Material Guidelines Account Creation
You agree, warrant, represent, and guarantee that all User Information you submit to CARAMEL is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your User Information changes, you must update it via the mechanisms provided.
CARAMEL SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, AND UP-TO-DATE USER INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION FROM CARAMEL. CARAMEL SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION. CARAMEL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING YOUR USERNAME, PASSWORD, AND/OR ONLINE ACCOUNT SERVICES WITH SOMEONE ELSE. IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR ONLINE ACCOUNT SERVICES, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.
CARAMEL reserves the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services.
You are solely responsible for the following:
Maintaining the confidentiality of your User ID, password, and User Information; and
All access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.
You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third-party without CARAMEL’s written approval.
If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, and/or close the account/profile.
CARAMEL is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.
User Material Guidelines
By submitting User Materials via the Services or via any CARAMEL-managed social media channels, you grant to CARAMEL a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any User Materials you make available, in any media or medium, in any form, format, or forum, and for any purpose, without compensation to you. For this reason, do not send any User Materials to us that you do not wish to license to us, including any confidential information. You also grant to CARAMEL a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Materials. In addition, you grant CARAMEL the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that CARAMEL is under no obligation to attribute such User Materials to you. You waive any “moral rights” or other rights with respect to authorship or attribution or integrity of materials regarding User Materials that you may have under any applicable law or theory. You agree you will indemnify CARAMEL for all claims relating from any User Materials you supply. CARAMEL takes no responsibility and assumes no liability for any User Materials posted by you or a third-party on your behalf, with or without your express knowledge or consent.
You agree that you will not make User Materials available on the Services that:
Are false or misleading; or
Violate any applicable laws; or
Would infringe upon any third-party’s intellectual property rights or other rights (without the owner’s written consent); or
Are obscene, indecent, pornographic, violent, or otherwise objectionable; or
Are derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by CARAMEL, in its sole discretion); or
Harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law; or
Contain advertisements, solicitations, or SPAM links to other websites or individuals, without CARAMEL’s prior written permission; or
Contain or relate to chain letters or pyramid schemes; or
Impersonate another business, person or entity, including CARAMEL, its related entities, employees, and agents; or
Violate any policy posted on the Services or on any third-party platform (e.g., social media platforms); or
Are intended to cause harm, damage, disable, or otherwise interfere with the Services.
Accuracy of Information; Corrections Accuracy of Website Information; AS-IS Disclosure
CARAMEL designed its Services to facilitate the purchase or sale of motor vehicles and the purchase of related products requested by providing you with accurate and up-to-date information about CARAMEL’s service offerings across the country. CARAMEL is not responsible for the truthfulness of any information published or otherwise communicated either publicly or directly to you about the motor vehicle being offered for sale, its market value, its features, its condition, its mileage, its fitness for a particular purpose, or any other third-party representation made between parties to a transaction. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices for or features/accessories on particular vehicles, the availability of credit, the terms of any such credit, and any features that may estimate credit terms. Additionally, the color and general appearance of vehicles in photographs may appear differently in person depending on your device settings. CARAMEL further provides vehicle condition reports provided through a third-party vendor and prepared by the seller who is in possession of the vehicle. You acknowledge that CARAMEL does not take possession of a vehicle subject to a transaction, and further does perform an independent physical or mechanical inspection, therefore, CARAMEL does not guarantee the accuracy of third-party condition or history information. Further, CARAMEL reserves the right to change product or credit offer terms, as well without notice. You understand and agree that CARAMEL did not participate in the decision between Buyer and Seller to sell and purchase a vehicle and that CARAMEL Services involvement in a transaction is to facilitate the transaction by managing the collection of funds and transfer of title as a service provider for both seller and buyer in a commercially reasonable manner. You agree that your reliance on the vehicle listings on independent websites (e.g., eBay Motors, Auto Trader, Bring-a-Trailer, Dealer websites), or information communicated between a buyer and seller, or descriptions from independently contracted service providers not affiliated with CARAMEL in arriving at Your decision and agreement to buy or sell a vehicle, are at your own risk. Your agreement to engage CARAMEL Services to facilitate the purchase or sale of a vehicle and transfer of title and registration of the Vehicle are non-cancellable if You determine that a motor vehicle is not as represented by the seller, or the price you agree to sell the Vehicle if you are a Seller or pay for a Vehicle is you are a Buyer is not representative of the Vehicle’s true market value, or You, are not satisfied with your motor vehicle sale and purchase agreement for any reason.
Third-Party Content, Sites, and Services
Ownership and Proprietary Rights; Intellectual Property Ownership and Proprietary Rights
NOTICE: The following sentence applies to certain images owned by EVOX Productions LLC: The automotive images or video contained herein are owned by EVOX Productions LLC (“EVOX”) and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained on the Services. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this appropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys’ fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.
CARAMEL is the owner of several trademarks, and service marks, including, but not limited to, CARAMEL (stylized design), CARAMEL (Logo), CARAMEL Inc., and CARAMEL.COM. CARAMEL websites, mobile applications, and operating systems, are exclusively owned and are the proprietary property of Caramel Inc. Any unauthorized use, replication, or other violations of Caramel Intellectual Property will be prosecuted. All other trademarks or systems not owned by CARAMEL or its subsidiaries that appear on CARAMEL websites or mobile applications are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CARAMEL.
Digital Millennium Copyright Act (“DCMA”) — Notice and Counter- Notifications DMCA Notice
CARAMEL will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below.
If you believe that your work has been reproduced or used on, or distributed via, the Services in a way that constitutes copyright infringement, you may notify CARAMEL in writing via fax, email, overnight courier, or first-class U.S. mail that includes all of the below content (as required by 17 U.S.C. § 512). The below procedure is exclusively for notifying CARAMEL that your copyrighted material may have been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, CARAMEL will respond by either taking down the allegedly infringing content or blocking access to it. CARAMEL may contact you to request additional information.
Notices and counter-notices are legal notices distinct from regular activities or communications on or via the Services. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).
The DMCA notice must contain the following information:
a legend or subject line that says: “DMCA Copyright Infringement Notice”; and a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; and a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL, if applicable, of the website on which the material appears); and your full name, address, telephone number, and e-mail address; and a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
CARAMEL will only respond to DMCA Notices that it receives by mail, overnight courier, e-mail or facsimile at the addresses below:
16350 Ventura Blvd, Suite D513
Encino, CA 91436
Attn: Legal Department/Infringement
It is often difficult to determine if your copyright has been infringed. CARAMEL may elect to not respond to DMCA Notices that do not substantially comply with all the foregoing requirements, and CARAMEL may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting CARAMEL’s other rights, CARAMEL may, in appropriate circumstances, terminate a repeat
infringer’s access to the Services.
If access on the Services to a work that you submitted to CARAMEL is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
a legend or subject line that says: “DMCA Counter-Notification”; and a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL, if applicable, of the website from which the material was removed or access to it disabled); and a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and your full name, address, telephone number, e-mail address, and the username of your account; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of Virginia), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By using or accessing the Services, you agree to this Disputes Section. Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.
YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
ANY AND ALL CLAIMS (DEFINED BELOW) WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”) AND
IF YOU OR WE CHOOSE ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY AND:
ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL;
DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR; AND
OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Initial claims, counterclaims, crossclaims and third-party claims; or
Commencing Arbitration. Either you or we may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute (“Notice”). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If we do not reach an agreement to resolve the Claim within 90 days after the Notice is received, you or we may commence an arbitration proceeding.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
Arbitration of a Claim must comply with this Arbitration Provision and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed, or appealed to a different court, you or we then may choose arbitration.
For Non-California Residents: Arbitration is not mandatory for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed, or appealed to a different court, you or we then may choose arbitration.
For California Residents Only: Arbitration is not mandatory for any Claim for which you may seek public injunctive relief expressly authorized by statute, or for an individual Claim that you or we may choose to bring in small claims court or the state’s equivalent court, if any. If the individual Claim is transferred, removed, or appealed to a different court, you or we then may choose arbitration.
Choosing the Administrator. If you initiate the arbitration proceeding, you may choose either of the following arbitration Administrators: (1) American Arbitration Association (“AAA”), www.adr.org, (800) 778-7879 or (2) JAMS, www.jamsadr.com, (800) 352-5267 or (3) or any other arbitration forum as we both may agree. The Administrator you choose will have rules that apply to the proceeding. Important information regarding the arbitration process and more complete information regarding arbitration procedures may be found at either Administrator’s website. If the Administrator you choose is unable or unwilling or ceases to serve as the Administrator, you or we may choose the other Administrator. If both Administrators are unable or unwilling or cease to serve as the Administrator, you or we may choose another Administrator, subject to the other’s approval. In all cases, any arbitrator must be a lawyer or a retired judge with at least ten (10) years of legal experience and must have expertise in the substantive laws applicable to the subject matter of the Covered Dispute. If we initiate the arbitration proceeding, we will give you 20 calendar days to choose the Administrator. If you do not choose the Administrator within that time, we will choose one for you. The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the basis of his or her award. No matter which Administrator is chosen, you shall have the right to be represented by an attorney of your own choosing, subject to any limitations in the Administrator’s rules.
Caramel holds the following state licenses:
Arizona: Caramel Dealer Services, LLC dba CDS Auto Sales; License # L10001148; 920 Isabella Ave. #102, Mesa, AZ 85204; 800-976-8305
California: Caramel Dealer Services, LLC dba CDS Auto Sales; License #09565; 24076 Creekside Rd., Unit L, Valencia, CA 91355; 800-976-8305
Montana: Caramel Dealer Services, LLC dba CDS Auto Sales; License #04U187; 2829 Great Northern Loop, Unit 214, Missoula, MT 59808; 800-976-8305
Insurance Producer Licenses in the following states:
California: Caramel Insurance Services, LLC; License #6007872; 16350 Ventura Blvd., Unit D513, Encino, CA 91436; 800-976-8305