Terms of Service
Last updated 09/14/26
Thank you for visiting autobandits.com.
Auto Bandits, LLC and its affiliates, (referred to in these Terms of Service as “Auto Bandits,” “us,” or “we”) engage in the business of providing professional negotiating services to Clients (as hereinafter defined) who desire to purchase or lease a new vehicle by locating and negotiating same based on the Client’s choice of vehicle year, make, model, trim, exterior color, interior color, and features (the “Vehicle Services”) and provide websites, networks, and other digital services to you when you visit or shop at autobandits.com, and use Auto Bandits digital products or services (collectively, the “Digital Services”, and together with the Vehicle Services, the “Services”). Auto Bandits provides the Services subject to these “Terms of Service.”
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE THAT MAY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN IN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS. IT ALSO REQUIRES YOU TO GIVE UP YOUR RIGHT TO PARTICIPATION IN CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS FOUND IN THE “DISPUTES” SECTION BELOW.
I. Introduction
BY USING AUTO BANDITS’ SERVICES, YOU AGREE TO THESE TERMS OF SERVICE, AS UPDATED FROM TIME-TO-TIME. The date of the most recent revisions will appear at the top of this page, so check back often.
These Terms of Service are binding on all individuals and entities who access, visit, and use the Services, including all persons, entities, and digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process (collectively, “you,” “your,” and, if you initiate our Vehicle Service, “Client”). Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms of Service. If you disagree with these Terms of Service, or if you violate, breach, fail to follow, or act inconsistently with these Terms of Service or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized, and Auto Bandits reserve the right to terminate, suspend, and/or restrict your ability to access, visit, and/or use the Services and to refuse to honor any of our purported obligations under these Terms of Service, with or without notice.
In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. We reserve the right, in addition to other remedies, to take any technical, legal, or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms of Service. As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Services.
Auto Bandits 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. Auto Bandits will not be liable to you should it exercise those rights.
II. Eligibility & Jurisdiction; Content; License and Access of Terms of Service
Eligibility & Jurisdiction
The Services are controlled and operated by Auto Bandits from the United States and are not intended to subject Auto Bandits to the laws or jurisdiction of any state, country, or territory other than the United States (excluding unincorporated territories, Puerto Rico, and Guam). Auto Bandits 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.
Auto Bandits does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.
Content
These Terms of Service govern all content on the Services, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Services, whether provided by Auto Bandits, our licensors, partners vendors, and/or other service providers (“Content”).
License and Access
Subject to your compliance with these Terms of Service, Auto Bandits grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services for your personal, NONCOMMERCIAL use only. As part of this, you may print, save, download, and share any paperwork or other information relating to your transaction for your non-commercial, personal use only. This license does not include any resale or commercial use of any Services or its Content, any derivative use of any Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.
III. Prohibited Uses
You may only use these Services for lawful purposes and in accordance with these Terms of Service. As a condition of your use of these Services, you warrant to Auto Bandits that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:
- Access and/or use any other person’s User Information (defined below), unless you have their express permission to do so.
- Impersonate, imitate, or pretend to be someone else, by providing any and all information related to the Services, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.
- Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content, or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms of Service, without Auto Bandits’ express written consent.
- Except as provided in these Terms of Service, download, copy, or transmit any Content for the benefit of any third party or for use with another service without Auto Bandits’ express written consent.
- Make available any User Materials (defined below) through or in connection with the Services that is or may be in violation of the User Material Guidelines (set out below).
- Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.
- 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 Auto Bandits’ express written consent.
- Systematically download or store any materials except as expressly authorized by these Terms of Service.
- Use any robot, spider, site search/retrieval application, or other manual or automatic devices to retrieve, index, “scrape,” “data mine,” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services, without Auto Bandits’ express prior written consent.
- Cause injury to any person or entity.
- Violate any law, rule, or regulation, or these Terms of Service.
- Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by Auto Bandits.
- Use the Services or Auto Bandits’ name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation.
- Use any meta tags or other hidden text or metadata utilizing a Auto Bandits trademark, logo, URL, or product name without Auto Bandits’ express written consent.
- Harvest or collect personally identifiable information about other users of the Services.
- Attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms of Service.
IV. Terms of Vehicle Services
Duties of Client
Auto Bandits’ Vehicle Services shall commence (the “Commencement Date”) once you complete and submit the Save with a Car Concierge Application located on the Auto Bandits’ website at www.autobandits.com/application (the “Application”), agree to these Terms of Service, and pay any applicable commitment deposit, flat fee, or other fee required by Auto Bandits before dealer outreach begins.
As of the Commencement Date and by agreeing to these Terms of Service, the following duties shall be required of you, as Client, which shall perform such function in good faith and in a commercially reasonable manner:
- To test drive and research vehicles to determine what new vehicle you wish to purchase or lease;
- To research and determine if you want to purchase or lease your new vehicle;
- To research and determine if you are interested in, and if you would like Auto Bandits to negotiate for you, any additional items for you, which may include warranty, pre-paid maintenance, GAP coverage, tire and wheel protection, lease protection, emergency assistance, etc. (the “Bandit Extras”);
- To contact us and speak to one of our vehicle experts if you are unsure about the vehicle you wish to purchase or lease or to discuss specifics about a certain vehicle’s year, make, model, trim, exterior color, interior color, or features, or any Bandit Extras, if needed;
- To be ready, willing, and able to purchase or lease your desired vehicle;
- To complete the Application;
- To ensure the Application is accurate, with no errors, and with specificity regarding your desired vehicle prior to submission. Any changes to the Application after submission may require a new Application to be completed and submitted, and Auto Bandits may require the Client to reconfirm the vehicle, location, and deal parameters before dealer outreach begins;
- To immediately inform the Auto Bandits if any changes need to be made to the Application once submitted;
- To review and confirm the specifics of the vehicle prior to paying the Bandit Commission (as hereinafter defined);
- To pay any commitment deposit, flat fee, or other fee required by Auto Bandits before Auto Bandits begins dealer outreach;
- To acknowledge and agree that, for standard new vehicle purchases and leases, any commitment deposit required by Auto Bandits will be credited toward the Client’s final Bandit Commission if the Client moves forward with a Bandit-negotiated deal;
- To acknowledge and agree that once Auto Bandits begins dealer outreach, the commitment deposit becomes non-refundable, unless Auto Bandits is unable to present at least one qualifying offer that materially matches the vehicle, location, and deal parameters confirmed by the Client before dealer outreach began. For Save with a Car Concierge, this means documented savings of at least $1,000 below MSRP, based on a twenty-five percent (25%) Bandit Commission. For Beat Your Offer, this means documented additional savings of at least $715 beyond the Client’s verified offer, based on a thirty-five percent (35%) Bandit Commission. If the documented savings are less than the applicable threshold, Auto Bandits will refund the difference. If Auto Bandits is unable to present any documented savings, the commitment deposit will be refunded in full;
- To acknowledge and agree that, for hard-to-find, luxury, limited-production, newly released, highly allocated, or high-demand vehicles, Auto Bandits may charge a flat fee, including a $1,500 flat fee, instead of a percentage-based Bandit Commission, and that such flat fee becomes non-refundable once Auto Bandits begins dealer outreach unless otherwise agreed in writing by Auto Bandits;
- To acknowledge and agree that a “qualifying offer” means a written or otherwise verifiable dealer offer for a new vehicle that materially matches the Client’s confirmed vehicle, location, and deal parameters. For Save with a Car Concierge, this means documented savings of at least $1,000 below MSRP, based on a twenty-five percent (25%) Bandit Commission. For Beat Your Offer, this means documented additional savings of at least $715 beyond the Client’s verified offer, based on a thirty-five percent (35%) Bandit Commission, which parameters may include make, model, trim, drivetrain, exterior and interior color flexibility, required features, purchase or lease structure, mileage allowance, amount due at signing, geographic search radius, trade-in assumptions, financing assumptions, and any other must-have requirements confirmed in writing before dealer outreach begins;
- To acknowledge and agree that the commitment deposit refund protections described above apply only to standard new vehicle purchases and leases and Beat Your Offer services and do not apply to any hard-to-find, luxury, limited-production, newly released, highly allocated, or high-demand vehicle flat fee unless otherwise agreed in writing by Auto Bandits;
- To acknowledge and agree that the Client’s later change of preference, decision not to purchase or lease, decision to wait, family disagreement, preference for a different vehicle, or use of Auto Bandits’ negotiated offer as leverage with another dealer does not make an otherwise qualifying offer non-qualifying;
- To pay Auto Bandits a commission in an amount equal to twenty-five percent (25%) of (i) the difference between MSRP and the lowest vehicle selling price negotiated by Auto Bandits for a purchase or lease, regardless of whether Client ultimately selects or completes the transaction on such lowest Bandit-negotiated terms (the “Save with a Car Concierge Commission”);
- To pay Auto Bandits twenty-five percent (25%) of the difference between the lowest trade-in value received and competitive trade-in offers negotiated by Auto Bandits for a trade-in, regardless of whether Client ultimately completes the trade-in on such highest Bandit-negotiated terms (the “Trade-in Commission”);
- To pay, if you brought a written quote from a dealership to Auto Bandits, Auto Bandits thirty-five percent (35%) of (i) the difference between the out-the-door price of your offer and the lowest out-the-door price negotiated by Auto Bandits for a purchase, less the net savings for trade-ins, if applicable; (ii) the difference between the MSRP-based savings (MSRP less vehicle selling price) of your offer and the MSRP-based savings (MSRP less vehicle selling price) reflected in the Bandit-negotiated offer for a lease, less the net savings for trade-ins, if applicable; and (iii) the difference between the trade-in value of your offer and competitive trade-in offers negotiated by Auto Bandits for a trade-in, in each case regardless of whether Client ultimately selects or completes the transaction on such lowest or highest Bandit-negotiated terms, as applicable (the “Beat Your Offer Commission”);
- To pay, if you are interested in any Bandit Extras, Auto Bandits twenty-five percent (25%) of the difference between the highest value received and the lowest value negotiated by Auto Bandits for a Bandit Extra, regardless of whether Client ultimately selects the lowest Bandit-negotiated value for the Bandit Extra (the “Bandit Extras Commission,” and together with the Save with a Car Concierge Commission, the Trade-in Commission, and the Beat Your Offer Commission, the “Bandit Commission”);
- To pay the Bandit Commission immediately upon receipt of the invoice from Auto Bandits by credit card, together with any applicable credit card processing fee, service fee, convenience fee, or similar charge associated with such payment;
- To promptly and timely respond to any and all questions posed by Auto Bandits throughout the Term (as hereinafter defined); and
- To update your contact information, including, but not limited to, email and phone number, with the dealership immediately upon introduction.
AUTO BANDITS DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR THE PURCHASE, LEASE, AND/OR FINANCING OF ANY VEHICLE, A DEALERSHIP NOT HONORING OR SATISFYING ITS VEHICLE SALES OFFER RECEIVED BY AUTO BANDITS, A DEALERSHIP NOT PROVIDING THE VEHICLE AS PROMISED, YOUR ACCEPTANCE OF A SALES OFFER RECEIVED FROM A DEALERSHIP, OR FOR ANY OTHER REASON, AS FURTHER DESCRIBED IN THE “WARRANTY AND LIMITATION OF LIABILITY” SECTION BELOW.
Term
The term of the Vehicle Services shall run from the Commencement Date until the Client pays all amounts due to Auto Bandits, including any applicable Bandit Commission, commitment deposit, flat fee, or other fee, and the final email is sent introducing the dealer contact to the Client and confirming the final out-the-door price for the Client’s selected vehicle, unless earlier terminated in accordance with these Terms of Service (the “Term”).
Confidentiality
“Confidential Information” shall consist of all materials and information concerning the Auto Bandits and/or the Vehicle Services which is non-public, confidential, and/or proprietary in nature, or otherwise constitutes the trade secrets of Auto Bandits, its subsidiaries or affiliates, or to any third parties to whom Auto Bandits owes a duty of confidentiality, whether disclosed before or after the date hereof. Confidential Information may be in any form whatsoever, including writings, oral, digital, or other tangible or intangible form. All information disclosed by Auto Bandits to the Client, whether orally, in writing, by inspection, observation, or otherwise, shall be deemed to be Confidential Information unless otherwise expressly agreed in writing by Auto Bandits.
Confidential Information includes, but is not limited to, information about Auto Bandits’ company information; financial condition and projections; business; marketing or strategic plans; information regarding relationships with third parties; information regarding clients, employees, customers, and suppliers; price lists; contract terms; databases; trade secrets; present and proposed services; data exchanged in response to providing the Vehicle Services; and the names of Auto Bandits, its officers, directors, and/or employees, or any contacts.
Confidential Information does not include information that: (i) is in or has become part of the public domain through no act or omission of the Client or his or her accountants, attorneys, auditors, consultants, contractors, advisors, agents, and other confidential advisors (collectively, “Representatives”) in violation of these Terms of Services; (ii) is or was disclosed to Client by a third party that is not in breach of a contractual or similar obligation of confidentiality or any applicable law; (iii) is or was developed independently by the Client without the use of Confidential Information and without violating any obligations under these Terms of Services, as evidenced by the Client’s written authorization of Auto Bandits; or (v) is in the Client’s possession, not in violation of these Terms of Services and without restriction on disclosure, prior to receipt from Auto Bandits, as evidenced by the Client’s written records.
The Client shall take all reasonable measures to maintain in confidence and safeguard all Confidential Information, exercising at least the same degree of care as it would exercise with regard to its own confidential and proprietary information of a similar nature, but in no event less than a reasonable degree of care; including without limitation, by protecting Confidential Information and documents from theft, loss, destruction, unauthorized duplication, and unauthorized discovery of its contents. Without limiting the foregoing, the Client hereby agrees that the Confidential Information of Auto Bandits shall be used solely for the purpose of completing the Vehicle Services and further agree not to disclose such Confidential Information to its Representatives, in each case who have a need to know of such Confidential Information for the purpose of assisting or advising the Client in connection with the Vehicle Services. The Client hereby agrees that prior to disclosure of any Confidential Information to any Representative, the Client will advise such Representative of the confidential nature of such information and of the existence and terms of this section. The Client further agrees that any Representative who has access to Confidential Information be required to agree to be bound by confidentiality restrictions no less stringent than this section. The Client shall remain liable to Auto Bandits for actions of its Representatives in connection with their disclosure or use of the Confidential Information.
In the event that the Client is requested pursuant to, or required by, applicable law regulation or legal process to disclose Confidential Information, the Client will, to the extent permitted by applicable law, rule, regulation, or legal process, notify Auto Bandits promptly, which notice shall be in writing and given prior to the disclosure of any Confidential Information, so that Auto Bandits may seek a protective order or other appropriate remedy (and in such event, the Client shall, and will cause its Representatives to, provide assistance to Auto Bandits in such regard at Auto Bandits’ cost and expense) or, in Auto Bandits’ sole discretion, waive compliance with the terms of this section. In the event that no such protective order or other remedy is obtained prior to the date such Confidential Information is so requested to be disclosed, or Auto Bandits waives compliance with the terms of this section, the Client may, without violating this section, furnish Confidential Information pursuant to such request; provided that the Client shall furnish only that portion of the Confidential Information that the Client is legally required to provide in order to comply with applicable law, regulation, or legal process; and provided further that the Client shall give Auto Bandits written notice of the Confidential Information to be disclosed as far in advance of its disclosure as is practicable.
The Client acknowledges that, in the event of any breach of this section of these Terms of Service by the Client, Auto Bandits may be irreparably and immediately harmed. If a breach of this section shall occur, the Vehicle Services shall automatically terminate. The Client also acknowledges that Auto Bandits may not be made whole by monetary damages only. It is accordingly agreed that Auto Bandits, in addition to any other remedy to which it may be entitled, shall be entitled to seek injunctive relief and such other equitable relief as a court of competent jurisdiction may order to prevent breaches of, and to compel specific performance of, this section, without the requirement to post any bond or security. Such remedies shall not be deemed to be the exclusive remedies for a breach of this section, but shall be in addition to all other remedies available at law or equity. In the event of litigation relating to these Terms of Service, if a court of competent jurisdiction determines that the Client or any of its Representatives have breached this section, then the Client shall be liable and pay to Auto Bandits the reasonable legal fees and costs of suit incurred in connection with such litigation, including an appeal therefrom.
Email Address and/or Phone Number
A unique email address and/or phone number may be created for purposes of providing the Vehicle Services to you. This email address and/or phone number will be created on the Commencement Date and monitored for one (1) month, at which time such email address and/or phone number will be closed and/or canceled, respectively. Any and all communications received to such email address and/or phone number will be irretrievable at such time.
V. User Information; User Material Guidelines
User Information
We may at times require you to fill out and submit forms, submit payments, and/or register and/or set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to provide your name, telephone number(s), email address, street address, and other personally identifiable information (collectively, “User Information”). In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies. All User Information submitted to Auto Bandits through whatever channel becomes and remains the property of Auto Bandits subject to applicable law. Consequently, we may use any User Information you submit for any purpose we deem appropriate in accordance with these Terms of Service and our Privacy Policy. We maintain strict physical, technical, and administrative safeguards to protect your User Information from unauthorized or inappropriate access.
You agree, warrant, represent, and guarantee that all User Information you submit to Auto Bandits is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when filling out and submitting forms, submitting payments, and/or conducting transactions related to the Services. If any of your User Information changes, you must update it by emailing us at contact@autobandits.com.
AUTO BANDITS 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 AUTO BANDITS. AUTO BANDITS SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION. AUTO BANDITS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING OF THE USER INFORMATION YOU PROVIDED AUTO BANDITS WITH SOMEONE ELSE. IF YOU PROVIDE YOUR USER INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR USER INFORMATION, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.
Auto Bandits reserves the right at any time, without notice, to change the access means or methods for portions of the Services.
You are solely responsible for maintaining the confidentiality of your User Information. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.
Auto Bandits is not responsible for errors or negligent use of the Services, including input errors, negligent handling or sharing of User Information, and leaving a computer unattended while accessing Services.
User Material Guidelines
You are welcome to submit reviews, comments, and other communications, videos, photos, or other content via the Services or via any Auto Bandits-managed social media channels (e.g., X, Facebook, Instagram, etc.) (“User Materials”). You acknowledge and agree that you are responsible for all User Materials you make available on any Services and/or in any Auto Bandits-managed social media channels. You represent and warrant that (1) you have the authority to grant the rights in such User Materials as set forth below and (2) such User Materials, and the use of such User Materials, shall not violate these Terms of Service.
By submitting User Materials via the Services or via any Auto Bandits-managed social media channels, you grant to Auto Bandits 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 Auto Bandits 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 Auto Bandits the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that Auto Bandits 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 Auto Bandits for all claims relating from any User Materials you supply. Auto Bandits takes no responsibility and assumes no liability for any User Materials posted by you or a third party.
You agree that you will not make User Materials available on the Services that:
- Are false or misleading;
- Violate any applicable laws;
- Would infringe upon any third party’s intellectual property rights or other rights (without the owner’s written consent);
- Are obscene, indecent, pornographic, violent, or otherwise objectionable;
- Are derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by Auto Bandits, in its sole discretion);
- 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;
- Contain advertisements, solicitations, or SPAM links to other websites or individuals, without Auto Bandits’ prior written permission;
- Contain or relate to chain letters or pyramid schemes;
- Impersonate another business, person or entity, including Auto Bandits, its related entities, employees, and agents;
- 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.
VI. Monitoring
To provide all users of our Services with a positive experience, we may monitor activities on the Services to ensure compliance with these Terms of Service. By utilizing the Services, you agree to such monitoring. Auto Bandits shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any User Materials available through the Services for any reason, including violations of these Terms of Service. Nonetheless, Auto Bandits does not represent, warrant, or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action – or any action at all – in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Service.
VII. Accuracy of Information; Corrections
Accuracy of Website Information
Auto Bandits designed its Services to meet your new vehicle purchasing needs by providing you with accurate and up-to-date information on its website. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect vehicle information or statements relating to the Services. Auto Bandits does not guarantee that such information is accurate, complete, or current. Further, the material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Auto Bandits reserves the right to change such information without notice. You agree that reliance on this website and descriptions on the Services is at your own risk.
This site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Corrections
If any information contained in this Terms of Service is inaccurate, we will gladly correct it. Simply email us, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.
VIII. Third-Party Content, Sites, and Services
Unless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product, or services. Auto Bandits assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party social media or mobile application platform with which the Services operate or otherwise interact, and Auto Bandits has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Auto Bandits assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance. Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“Third-Party Software”). Such Third-Party Software license terms shall apply to the corresponding Third-Party Software file in lieu of these Terms of Service.
When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of service, including fees, of one or more third parties. Third-Party Services may display, include or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third-Party Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information, or materials in any way whatsoever except for permitted use of the Third-Party Services.
IX. Ownership and Proprietary Rights
You acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of Auto Bandits or Auto Bandits’ third-party licensors. Except as expressly authorized by these Terms of Service, you may not make use of the Content and Services, and Auto Bandits reserves all rights to the Content and Services not granted expressly in these Terms of Service.
X. Digital Millennium Copyright Act – Notice and Counter-Notifications
DMCA Notice
Auto Bandits 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 Auto Bandits’ copyright agent in writing via email, 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 Auto Bandits 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, Auto Bandits will respond by either taking down the allegedly infringing content or blocking access to it. Auto Bandits 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”;
- 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;
- 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);
- your full name, address, telephone number, and e-mail address;
- 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;
- 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.
Auto Bandits will only respond to DMCA Notices that it receives by e-mail at the address below:
By E-Mail: copyrightnotice@autobandits.com
It is often difficult to determine if your copyright has been infringed. Auto Bandits may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Auto Bandits 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 Auto Bandits’ other rights, Auto Bandits may, in appropriate circumstances, terminate a repeat infringer’s access to the Services.
DMCA Counter-Notification
If access on the Services to a work that you submitted to Auto Bandits 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”;
- 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);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, and e-mail address;
- 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 District of New Jersey), 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.
XI. Governing Law; Dispute Resolution; Waiver of Jury Trial
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to principles of conflict of laws.
In the event of a dispute between you and Auto Bandits (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Vernon, New Jersey. In the event that there is any dispute between you and Auto Bandits that is determined not to be subject to arbitration pursuant to the preceding sentence, or in the event this arbitration provision is held unenforceable or invalid by a court of competent jurisdiction, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of the State of New Jersey located in Sussex County or the United States District Court for the District of New Jersey. You agree that this Agreement and the relationship between you and Auto Bandits shall be governed by the Federal Arbitration Act and the laws of the State of New Jersey without regard to conflict of law principles. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
YOU AND AUTO BANDITS BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
XII. Warranty and Limitation of Liability
What follows applies only to your use of our Services and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability, or rights you have pursuant to our Limited Warranty or return policy.
Warranty
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. AUTO BANDITS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES OR CONTENT. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, AUTO BANDITS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND CONTENT. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
XIII. Indemnification
As a condition of use of the Services, you agree to indemnify Auto Bandits and its shareholders, officers, directors, employees, and agents against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of the Services, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms of Service, any Content, or any User Materials submitted by you.
XIV. Driver’s License Information
As part of Services, you may be required to provide Auto Bandits with a copy or image of your driver’s license. By providing Auto Bandits with a copy or image of your driver’s license, you agree that Auto Bandits may scan the license and use and retain the information contained therein in a manner permitted by applicable law.
XV. Export Policy
You acknowledge that any services advertised on the Services and any software or technology purchased, downloaded, or used from the Services are subject to U.S. customs and export control laws and regulations, and you agree to comply with all applicable laws, including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. app. §§ 2401 et seq.); the Export Administration Regulations (15 C.F.R. §§ 730 et seq.) enforced by the U.S. Department of Commerce’s Bureau of Industry and Security; the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.); the economic sanctions regulations (31 C.F.R. Parts 501-598) enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the Foreign Corrupt Practices Act (15 U.S.C. § 78dd-1, et seq.); and the U. S. Anti-boycott laws and regulations (31 C.F.R. Part 760). You agree, represent, and warrant that no Services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any territory (or resident of such territory), person, entity, or organization to which such Services and Content could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to any person, entity, or organization on (1) the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List as published by the U.S. Department of the Treasury; (2) the Denied Persons List, the Entity List and the Unverified List as published by the Bureau of Industry and Security at the U.S. Department of Commerce, as such lists may be amended from time to time.
XVI. Communications
You agree that by providing your phone number, you expressly consent to Auto Bandits calling, sending text messages, and/or contacting you through other electronic messages (including through the use of equipment that automatically dials phone numbers or prerecorded/artificial voice messages) for any purpose related to your interest in a vehicle, financing for any vehicle, for marketing/sales purposes, for appointment information, or for any other servicing or informational purpose related to your User Information. Your express consent applies to any telephone numbers that you provide in any manner and at any time, including cellular telephone numbers (“mobile number”) for which you may incur voice, data, or other charges.
SMS Messages Terms of Service
Your express consent under the Communications section above shall include our ability to send text message alerts and information regarding your User Information and/or the Services to your mobile number(s). Messages that we send through text message alerts include offers received, payment reminders, and/or important notifications related to the Services.
Our text messages are free, but your carrier may assess text, messaging, and/or data charges, depending on your mobile plan and handset configuration. Neither we nor the wireless carriers are liable for delayed or undelivered messages. Message frequency varies.
Opt-Out
You can opt-out of receiving text messages at any time. Respond to one of our text messages with “STOP” and you will no longer receive text messages from us, unless you subsequently provide us with express consent to do so. If you opt-out of receiving text messages, you may receive a text message confirming your opt-out. For assistance, you can contact us at contact@autobandits.com.
Financial Privacy
Our text messages may contain information of a personal, financial nature, including without limitation the existence of your relationship with us, and whoever has access to your mobile phone or carrier account may also have access to this information. You acknowledge and understand that text messages are sent without encryption, which presents some inherent security risk. In addition, our handling and administration of text messages are subject to our Privacy Policy.
Text Message Carriers
Our text messages are currently supported on the following U.S. carriers, however, the supporting carriers may change without notice, and may be limited to specific carriers. AT&T, T-Mobile USA, U.S. Cellular Corp., Verizon Wireless, Interop, ClearSky, and additional carriers where available.
XVII. Contact Information
If you have a question or complaint regarding the Services, please send an email to contact@autobandits.com. You may also contact us by writing to Auto Bandits, LLC, 177 Breakneck Road, Suite 134, Highland Lakes, New Jersey 07422, ATTENTION: Customer Relations.
XVIII. Miscellaneous
You understand and agree that these Terms of Service represent the entire agreement governing your use of the Services and that they supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Service. These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Auto Bandits, unless expressly stated herein. Headings used in these Terms of Service are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Service will remain in full force and effect. Auto Bandits’ failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and will not limit Auto Bandits’ rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Service without restriction. Notices to you (including notices of changes to this these Terms of Service) may be made via posting to Auto Bandits’ websites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
