Terms & Conditions
The Carwiser.com website is owned and operated by Boost Acquisition, Inc. (“Boost” or the “Company”). By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Service set forth below.
1. ACCEPTANCE OF TERMS.
Carwiser.com (“Boost” “we,” “us,” or “our”) provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by Boost from its offices within the United States. Boost makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Boost offers a Service whereby you may request conditional offers to purchase your used motor vehicle (excluding certain types of vehicles) from certain participating dealers in the Boost network (each offer, an “Offer”). Each Offer is for informational purposes only and does not constitute, and should not be construed as, a binding offer by Boost, a dealer or any third party to purchase your used motor vehicle. A participating dealer that may make an Offer is referred to as a “Participating Dealer.” None of the Participating Dealers are owned or operated by Boost or otherwise act on behalf of Boost. When you request an Offer through the Service, you must have possession of the actual vehicle listed, with the ability to transfer valid title as set forth herein. You are required to provide certain identifying and contact information, which must accurately identify yourself so Participating Dealers can communicate directly with you. By using the Service, you represent, warrant, and covenant that you are not: (i) a motor vehicle dealer or (ii) listing a vehicle for sale in your capacity as an owner, employee, or representative of a motor vehicle dealer. For clarity, if you are a motor vehicle dealer, you may not use the Service to obtain an on behalf of a customer.
The Service enables Participating Dealers to obtain information about vehicles for which Offers have been requested and, if applicable, to contact a seller to make an Offer. We are not a party to, or otherwise guarantee the terms of, any Offer or any transaction resulting therefrom. You alone are responsible for any transaction you engage in resulting from an Offer from a Participating Dealer. Although Participating Dealers have agreed to abide by certain customer service standards, we are not responsible for any potential fraud or other misconduct by a Participating Dealer in connection with the Service. As a seller, you should exercise caution and good judgment when completing any transaction, including those involving the Service.
The Service is not available in all areas and not all vehicles are eligible. The Service may not be used to sell or to trade-in certain categories of vehicles, including commercial vehicles; vehicles with a government, police, fire or livery history; motorcycles; recreational vehicles; reconstructed or salvage vehicles; vehicles without a valid VIN; “grey market” vehicles; vehicles older than seventeen (17) model years; vehicles with altered drivelines or bodies or illegal or non-functioning emissions equipment; flood, hail or fire damaged vehicles; vehicles with substantial mechanical or electrical damage; vehicles registered at an auto auction or offered for sale on a wholesale website within forty five (45) days prior to submitting your request for an Offer; vehicles that are valued at less than $1,000; and any other category of vehicle that we, in our sole discretion, believe may adversely impact the operation of the Service (each, a “Restricted Vehicle”). If you solicit an Offer for any Restricted Vehicle using the Service, you may not receive an Offer for such vehicle and, in the event that you do receive an Offer for such vehicle, you acknowledge and agree that such Offer may be invalidated and that no Participating Dealer is required to purchase such vehicle from you.
You acknowledge that if you provide any false, incomplete, or inaccurate information, including vehicle information or personal contact information, your Offer may be invalidated by the Participating Dealer. By requesting an Offer, you agree that Boost, its service providers, Participating Dealers, and/or affinity partners may use the personal contact information you provided, including your telephone number and email address, to communicate with you about the Service or other products and services that may be of interest to you. By requesting an Offer through the Service, you agree to use the email address or any other contact information of the Participating Dealer(s) making an Offer only for purposes of communicating with them about the potential sale of that vehicle.
Although a Participating Dealer is not obligated to purchase your vehicle for any price, you can try to negotiate a more favorable price or a trade-in value for your vehicle and, of course, you are always free to sell or trade in your vehicle outside of the Service. The sale price that you could receive for your vehicle in the open market or from another source may be higher than the amount of your Offer received through the Service.
To use the Service to receive an Offer from a Participating Dealer: (1) your vehicle must be located in a market in which the Service is offered and registered in the same state as the location of the applicable Participating Dealer; (2) you must be the registered owner of the vehicle; (3) you must possess a valid driver’s license or other form of valid government-issued photo ID; (4) you must provide accurate, complete, and truthful personal contact information and responses to all questions included in the online questionnaire, including those relating to the description and condition of your vehicle; and (5) you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your name or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information and the current loan payoff amount or lease early termination fee for your vehicle), to the Participating Dealer for inspection by, or behalf of, the Participating Dealer. For Participating Dealers who may offer a mobile pick-up service, delivery may actually occur at your home or other mutually agreed upon location.
You are responsible for the information contained in the vehicle questionnaire, the content of all communications you transmit through the Service, and any other information you provide. We may perform random or selective quality assurance tests to confirm that individuals who request Offers through the Service are not automobile dealers and are prepared to sell such vehicles through the Service. By using the Service, you agree to cooperate in these quality assurance tests. If the tests reveal, or we otherwise learn, that a seller is violating these Terms of Service or engaging in other unfair or deceptive practices, Boost may, in its sole discretion, deny that seller use of the Service.
For the avoidance of doubt, Boost is solely a research and communications platform. Boost is not a vehicle purchaser, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. Boost receives a fee from the participating dealers or third-party service providers in connection with the Services.
THE BOOST ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL BE ABLE TO SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE ANY INQUIRIES OR SOLICITATIONS FROM POTENTIAL PARTICIPATING DEALERS, OR RECEIVE OFFER FOR, YOUR VEHICLE FOR SALE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF AN ACTUAL OR POTENTIAL TRANSACTION INVOLVING THE SERVICE, YOU AGREE TO LOOK SOLELY TO THE PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE BOOST ENTITIES.
3. USER CONDUCT
You are authorized by Boost to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Boost’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Boost in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Boost is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Boost), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Boost for use in accessing the Services.
4. TELEPHONIC COMMUNICATIONS WITH BOOST AND PARTICIPATING DEALERS
You acknowledge that telephone calls to or from Boost or participating dealers may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Boost or a participating dealer, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide.
You agree to indemnify, defend and hold Boost and participating dealers harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from your voluntary provision of contact information (including a telephone number) that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to Boost or participating dealers, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to pricing and offers, your account, any transaction with us, and/or your relationship with Boost or participating dealers. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of purchasing or leasing any vehicle or service. Calls or text messages may be sent by Boost or participating dealers even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw dealers from our list at any time, and you consent to be contacted, as explained above, by these dealers notwithstanding the date of the start of your relationship with Boost. Your consent to be contacted applies to participating dealers that may have existed at the start of your relationship with Boost and that may thereafter be added to our participating dealers list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that neither Boost nor participating dealers are responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls from Boost (but not text messages), call (888)-BOOST. To opt-out of receiving automated telephone calls or texts from participating dealers, please contact the dealer directly. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service.
6. NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
7. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
Boost reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Boost also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Boost shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless Boost and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Boost Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Boost Entity, subject to such Boost Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Boost Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Boost Entity without its prior express written consent.
9. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, BOOST DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOOST OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Boost is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.
10. LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE BOOST ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE BOOST ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Boost may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Boost will have no liability associated with or arising from your failure to maintain and supply Boost with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
13. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of Boost’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Boost, and that you will not display or use any of the foregoing without Boost's prior written approval in each instance.
You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Boost. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
14. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
Boost respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
- a description of where the material that you claim is infringing is located on our website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement to Contact listed below.
Boost Acquisition, Inc.
Attn: Legal Department
591 Camino de la Reina, Suite 400
San Diego, CA 92108
15. CHOICE OF LAW.
Except as otherwise expressly provided in the Boost Arbitration Agreement (which applies the Federal Arbitration Act), the relationship between you and Boost are governed by the laws of the State of California without regard to its conflict/choice of law provisions.
16. GENERAL INFORMATION
These Terms of Service may be amended from time to time without notice in Boost’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Boost and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Boost with respect to the Services. You agree that no agency relationship is created between you and Boost as a result of these Terms of Service or your access to and/or use of the Services. The failure of Boost to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to firstname.lastname@example.org. Questions regarding these Terms of Service should be sent to email@example.com.
THE BOOST ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.