This Website is owned and hosted by Auto Supplier Marketing, LLC, d/b/a "AutoGiant",
325 E. Livingston Ave., Columbus, OH 43205.
PRIVACY
Auto Supplier Marketing, LLC, ("AutoGiant") is committed to the privacy of our
customers. All personally identifiable information provided by our customers is
used only as the customer directs. Unless you give us permission to do so or
unless required by law, we do not use or disclose personally identifiable
information to any third party. We may share aggregated statistical information
about the use of our site with our business partners. Such aggregated
statistical information does not include personally identifiable information.
Website Usage Terms And Conditions
AGREEMENT BETWEEN USER AND AutoGiant
This Website is offered to you, the user, conditioned on your acceptance without
modification of the terms, conditions and notices contained herein. Your use of
this Website constitutes your agreement to all such terms, conditions and
notices.
ONLINE VEHICLE DATA, CONDITION, WARRANTY, PRICE AND PAYMENT QUOTES
The information on the AutoGiant ("AutoGiant") Website is being provided for
educational purposes only. This Website is designed to enable users to obtain
online and offline automobile price and payment quotes from participating
dealers and independent providers, NOT AutoGiant. All quotes are estimates only
and exclude state and local taxes, as well as any state and local governmental
charges, including without limitation, registration, license and title fees,
documentary fees, emissions certification fees and added accessories you choose
to place on the vehicle. On occasion, unintentional, but material, errors may
occur in the entry of condition, warranty, pricing and/or payment data that
forms the basis of such quotes furnished through the AutoGiant Website. In such
an event, AutoGiant will not honor such quotes. AutoGiant, in its sole
discretion, will make the determination as to whether a quote is materially
inaccurate as a result of unintentional data entry errors. KNOW WHAT YOU ARE
SIGNING AT THE TIME OF PURCHASE OR LEASE as a dealer is not prohibited from
independently negotiating all of the terms and conditions of the final sale.
Your acceptance of and execution of a contract for the purchase or lease of a
vehicle and/or your purchase or lease of any vehicle on an "as-is" or "implied
warranty only" basis or with any terms differing from those quoted to you on
this Website will supersede any posted or referenced terms, conditions and/or
warranties displayed on our Website and be legally binding upon you.
PRE-OWNED CYBERSTORE VEHICLE TERMS AND CONDITIONS
Pre-Owned Vehicle General Warranty Standards: NONE OF THE VEHICLES LISTED ARE
OWNED BY AutoGiant. AutoGiant OFFERS NO EXPRESS OR IMPLIED WARRANTY ON ANY
VEHICLE. Vehicles displayed for sale on the AutoGiant Pre-Owned CyberStore
website may be sold with or without warranty from the selling dealer. UNLESS
STATED OTHERWISE, ALL VEHICLES ARE SOLD "AS-IS", WITH ALL FAULTS AND WITHOUT
WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED REPRESENTATIONS REGARDING A
VEHICLE ARE THAT OF THE SELLING DEALER AND NOT AutoGiant. The Dealer is solely
responsible for ensuring each vehicle meets minimal state and federal emissions
and safety standards applicable for the model and year of vehicle prior to its
sale.
Non-Certified Vehicle Standards: It is YOUR RESPONSIBILITY TO READ THE VEHICLE
DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR
TO COMPLETING YOUR PURCHASE. A non-certified vehicle shall mean a dealer
offered, retail quality, pre-owned vehicle that is offered without express
warranty, refund or exchange options. Dealer may post any retail quality vehicle
owned by the Dealer, regardless of model year or mileage. Dealer has agreed not
to post any consignment vehicle(s). Dealer is responsible for disclosing prior
rental and dealer demonstration history, frame damage, salvage history,
stolen-recovery history, flood damage, and any material cosmetic or mechanical
damage, defect or irregularity of the vehicle. Dealer, in its sole discretion,
may offer a limited warranty for a vehicle(s) or in the alternative, offer a
vehicle, without warranty, AS-IS.
Certified Vehicle Standards: It is YOUR RESPONSIBILITY TO READ THE VEHICLE
DESCRIPTION PROVIDED BY THE DEALER AND TO PHYSICALLY INSPECT THE VEHICLE PRIOR
TO COMPLETING YOUR PURCHASE. A "certified" vehicle shall mean a dealer offered,
retail quality, pre-owned vehicle that is offered with an express warranty and
written return policy. The participating Dealer, NOT AutoGiant, has inspected
and certified the condition of the vehicle being offered. It is Dealer's sole
responsibility to ensure that the vehicle meets all local state and federal
emissions and safety standards applicable for the model and year of vehicle.
To qualify for a listing of a certified Pre-Owned CyberStore vehicle on the
AutoGiant or partner's website, a participating Dealer has agreed that the
vehicle offered has been mechanically inspected in accordance with customary and
commercially reasonable standards for the market in which Dealer is located, and
carries either a manufacturer pre-owned vehicle certification or exhibits all of
the following key qualifications:
Certified Vehicle Condition:
Has under 75,000 miles at the time of posting
Has undergone a complete diagnostic mechanical inspection and repaired as
necessary
Is less than 7 years old (current model year plus 6)
No salvage title history
No evidence of current or past frame damage
No evidence of current or past flood or water damage
No inoperative or replaced odometer
No odometer roll backs
Is not a Lemon Law resale vehicle
Is emission certified as required by applicable state and federal laws
Is in safe operating condition as defined by applicable state and federal laws
Certified Vehicle Limited Warranty Coverage: ASK FOR A COPY OF THE WRITTEN
WARRANTY BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO
VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE VEHICLE
YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE. The Dealer, NOT
AutoGiant has agreed to establish and offer a limited warranty ("warranty") for
certified vehicles they advertise in the Pre-Owned CyberStore website. All terms
of the limited warranty are determined by the Dealer offering it, and not
AutoGiant. The warranty coverage is in addition to any implied warranties
prescribed by the laws of the state in which Dealer is located. Dealer has
agreed that the limited warranty offering shall not be less favorable to the
purchaser than the law of the jurisdiction where Dealer is located, and at a
minimum will be for a duration of not less than three (3) months or 3,000 miles,
whichever comes first. Limited warranties generally do not cover cosmetic or
other non-mechanical parts. Warranty coverage or exclusions are determined
solely by the Dealer and should be set forth in warranty documentation provided
to you separately or as printed on the Federal Trade Commission Used Vehicle
Buyers Guide attached to the window of the pre-owned vehicle while on display.
Dealer has agreed to provide each purchase requester a written document at the
time of contracting that explains in detail, the terms and conditions of
Dealer's warranty on the vehicle being purchased or leased. Dealer, NOT
AutoGiant is responsible for any claims arising under the provided warranty.
Nothing in this section shall be interpreted as preventing Dealer from
purchasing independent warranty coverage from a legitimate third party provider
as long as the terms and conditions shall meet or exceed the minimum
requirements set forth above.
Certified Vehicle Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY
BEFORE YOU COMPLETE THE PURCHASE OR LEASE. IT IS YOUR RESPONSIBILITY TO VERIFY
AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE VEHICLE YOU
ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE OR LEASE. Except where
expressly prohibited by law or negotiated between you and Dealer to the
contrary, Dealer has agreed to offer, in writing, a return policy on all
certified vehicles allowing a purchaser to return a vehicle to Dealer within 72
hours or 300 miles, whichever comes first. Dealer agreed to either exchange the
vehicle for another vehicle in Dealer's inventory or, if Dealer elects not to
offer such an exchange, Dealer agreed to refund buyer's purchase monies within
10 business days of the vehicle's return. Customer shall be responsible for any
additional sales/use tax or licensing fees incurred as a result of the exchange.
In the event the original vehicle is returned damaged, where permitted by state
law, dealer may refuse the return or in the alternative collect from customer
that amount that dealer can prove was actually expended to repair the vehicle.
Any tax or licensing charges as a result of withholding these funds shall be the
sole responsibility of dealer and not AutoGiant. Dealer agreed to provide each
purchaser the name and phone number of the dealer employee to contact to
exercise the return option. It is the purchaser's responsibility to return the
vehicle to the dealership location within the prescribed return period. Dealer
is not obligated to pick-up the vehicle from you nor are they responsible for
any shipping costs associated with the return of the vehicle. Dealer has agreed
to facilitate the purchaser's exercise of the option to return the vehicle in
good faith.
Certified Vehicle Out-of-Area, Pre-Authorized Repair policy: Dealer has agreed
to participate in the emergency repair system established by AutoGiant. Nothing
in this section shall be construed to prohibit Dealer or purchase requester from
abiding by the terms and conditions set forth in a third party provider warranty
provided to you at the time of purchase or lease. Absent any third party
coverage to the contrary, during the warranty period, the emergency repair
system allows a purchaser of a certified Pre-Owned CyberStore vehicle who is
more than 100 miles from dealer's location and encounters a situation where the
vehicle is not operational (i.e. cannot be driven), to contact the nearest
certified Pre-Owned CyberStore Dealer (the "Repairing Dealer") and have the
Repairing Dealer perform any warranted service or repair. You or the Repairing
Dealer must contact the dealership where you purchased the vehicle (the "Selling
Dealer") prior to any repairs being performed and obtain authorization to repair
the vehicle from the Selling Dealer. For covered items other than those that
disabled the vehicle, the owner should return to the Selling Dealer. Where
acceptable independent third party warranty coverage is not available to the
purchaser, in the interest of customer satisfaction and improved inter-dealer
relations, the resulting repair charges should be calculated on a negotiated
basis between the involved dealers but in no event shall such costs to the
Selling Dealer exceed an internal basis of "cost plus 25%" for parts and labor
in all states, except for those states with higher mandates, in which states the
applicable law will govern. In the event of a "major" repair (i.e. engine or
transmission), the Selling Dealer will have the option of providing alternate
transportation to the customer, retrieving the affected unit at Dealer's
expense, and repairing the vehicle at the Selling Dealer's service location.
VEHICLE AVAILABILITY AND PRICES
AutoGiant DOES NOT GUARANTEE VEHICLE PRICES OR AVAILABILITY. All transactions
are conducted by and fulfilled through state licensed and franchised vehicle
dealers. All vehicle descriptions and prices provided to you either on our
website or via separate contact following your submission of a purchase request
are made by the participating dealer possessing the desired vehicle and not by
AutoGiant. All vehicles prices and descriptions listed as available on our
Website under the AutoGiant Pre-Owned CyberStore are established and
electronically placed there by the participating dealer who owns the vehicle and
not AutoGiant. ALL VEHICLES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE
WHEN YOUR REQUEST IS PROCESSED. ALL PRICES AND TERMS ARE VALID ON DATE OF
PUBLICATION ONLY. All data and information used in our research tools for
configuring vehicles, selecting options, determining pricing, invoice or
incentives on this Website are supplied by third party vendors for educational
purposes only and are not intended to be binding on AutoGiant or the subscribing
dealer. All tools appearing on this Website that allow for configuring vehicles
with different options do so with such items that are typically available from
the manufacturer and are typically available at local dealerships and may not be
indicative of all of the configurations and equipment available on the vehicle
being configured or the exact price(s) for a vehicle so equipped. AutoGiant will
attempt to fulfill your request through the inventories of participating
dealers, subject to availability and final pricing from that dealership and not
AutoGiant. Any discrepancies or mistakes made regarding vehicle availability,
condition or pricing are not the responsibility of AutoGiant and should be
directed to the dealer or third party vendor responsible for providing the
information.
We do not guarantee either expressly or by implication that we will find a
vehicle that meets your specifications. Exact matches can be extremely difficult
to find because of geographic location, vehicle popularity, and limited
production or factory-to-dealer allocations.
CREDIT EVALUATION
You are not required to apply for vehicle financing as a condition of your using
this Website or any of the services offered hereon. Independent third party
lenders and not AutoGiant provide all vehicle-financing programs. If you choose
to apply for financing through one of our affiliated-lending partners, you do so
with this understanding. You will be asked to submit an application for credit
and other documentation, as the lender deems necessary in order to facilitate
the loan. Payment information provided to you on this Website is for educational
purposes only and shall not be considered as final. Your actual payment will be
based upon, among other things, the results of an independent credit evaluation,
current prevailing interest rates, and the length and amount of the loan
requested.
Information regarding rebates or incentives as they appear on this Website are
provided to AutoGiant from independent third party data providers and
republished for educational benefit only. Though AutoGiant uses reasonable
efforts to ensure the accuracy of the information provided, such information is
not intended to be a substitute for direct communication between you and the
manufacturer or manufacturer's dealer/agent. Any regional and national cash
incentives or rebates offered to consumers by the manufacturer are exclusively
between you and the manufacturer or dealer and may affect the actual sale price
of the vehicle. AutoGiant does not participate in any such program and is not
responsible for ensuring the incentive amount or your receipt of such benefits.
INSURANCE RATE COMPARISONS
Information regarding insurance rates and comparisons as they appear on this
Website are provided to AutoGiant from independent third party providers and
republished for educational benefit only. AutoGiant is not an insurance broker
acting on behalf of any consumer, nor is AutoGiant acting as an agent for a
particular insurance company. AutoGiant is an information service where
consumers may review a number of different automobile insurance products on the
market today. The coverage presented by participating insurers is designed to
meet the insurance needs of a majority of consumers. Your particular
circumstances may differ and thus may require additional information. By
supplying these information resources, AutoGiant is not making any
recommendations or providing any advice as to whether or not any particular
insurance coverage is suitable for your individual circumstance. AutoGiant does
not endorse or recommend any specific insurance company or coverage plan. Your
decision to select any particular insurance company and coverage plan should be
based upon your own assessment of your individual needs and the amount of
insurance coverage that meets those needs. In some cases, AutoGiant sources may
provide comparative estimates that may be higher or lower depending upon
individual underwriting criteria applied by particular insurers. This is not an
application for insurance. All premiums displayed are estimates and not
guaranteed.
VEHICLE HOLD REQUIREMENTS, DEPOSITS AND SERVICE FEES
IT IS YOUR RESPONSIBILITY TO KNOW THE AMOUNT AND NATURE OF ANY DEPOSIT YOU ARE
BEING ASKED TO MAKE OR FEES BEING CHARGED TO YOU AS PART OF YOUR VEHICLE
PURCHASE OR LEASE.
AutoGiant does not charge a fee to consumers for our services except as provided
below. *
Any deposit requirement is strictly negotiable between you and the dealer (NOT
AutoGiant). From time-to-time a vehicle dealer with whom you are negotiating for
a purchase or lease may require a good faith monetary deposit as a good faith
showing of your intent to purchase or lease a general make, model or type of
vehicle and/or to hold a particular vehicle on your behalf.
Absent a specific agreement between you and the dealer, a dealer is not required
to hold any vehicle off the market and is free to sell any vehicle at any time
before you have executed a contract to purchase such vehicle. The act of
submitting a purchase request through our Website does not place a hold on any
specific vehicle in a dealer or manufacturer's inventory. A monetary deposit
made by you to the dealer is not a guarantee that a specific vehicle will be
available for you to purchase unless you and the dealer specifically agree to
such term and the vehicle is clearly identified on a deposit receipt by the
Vehicle Identification Number or Dealer Stock Number. It is your responsibility
to confirm with the dealer that the vehicle will be held off the market until
you can arrive at the dealership to complete the purchase and whether or not an
additional deposit is necessary as a condition of the dealer holding the vehicle
for you.
Whether your deposit is refundable or not is subject to your contractual
agreement with the dealer and/or state law. You should not assume a deposit made
by you towards the purchase or lease of a vehicle is fully refundable. Deposits
made on special ordered vehicles may not be refundable in the event you
ultimately do not complete the purchase or lease.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from this Website. The content available through
this Website is the sole property of AutoGiant or its licensors and is protected
by patent, copyright, trademark and other intellectual property laws. Except as
otherwise explicitly agreed in writing, AutoGiant-owned content received through
this Website may be downloaded, displayed, and printed for your personal,
non-commercial use only. Content owned by AutoGiant licensors may be subject to
additional restrictions. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate the content received through
this Website to anyone, including but not limited to others in the same company
or organization without AutoGiant's express prior written consent.
LIABILITY DISCLAIMER
ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES
NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN AutoGiant
AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AutoGiant
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS
WEBSITE AT ANY TIME. AutoGiant AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. AutoGiant AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AutoGiant
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AutoGiant OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to AutoGiant that you
will not use this Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to Websites operated by parties other than
AutoGiant. Such hyperlinks are provided for your reference only. AutoGiant does
not control such Websites, and is not responsible for their contents.
AutoGiant's inclusion of hyperlinks to such Websites does not imply any
endorsement of the material on such Websites.
MODIFICATION OF THESE TERMS AND CONDITIONS
AutoGiant reserves the right to change the terms, conditions, and notices under
which this Website is offered at any time without notice.
GENERAL
This agreement is governed by the laws of the State of Ohio, USA. You hereby
consent to the exclusive jurisdiction and venue of courts in Franklin County,
Ohio, USA in all disputes arising out of or relating to the use of this Website.
Use of this Website is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and AutoGiant as a result
of this agreement or use of this Website. AutoGiant's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of AutoGiant's right to comply with law
enforcement requests or requirements relating to your use of this Website or
information provided to or gathered by AutoGiant with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of this
agreement shall continue in effect. This agreement constitutes the entire
agreement between the user and AutoGiant with respect to this Website and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and AutoGiant with respect to this
Web site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
Any rights not expressly granted herein are reserved.
THIRD PARTY ADVERTISING
We use third-party advertising companies to serve ads when you visit our Web
site. These companies may use information (not including your name, address,
email address or telephone number) about your visits to this and other Web sites
in order to provide advertisements about goods and services of interest to you.
If you would like more information about this practice and to know your choices
about not having this information used by these companies, click here: (http://www.advertising.com/Privacy.html).
Questions regarding the Usage Terms, Conditions and Privacy Policy can be sent
to us here
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