Terms of Use

Effective Date: 09-25-2024

These Terms of Use (“TOU”) govern the use of all websites, mobile applications, and services (collectively referred to as “our site and services”) provided by Dealer Direct Auto Loans, including its affiliates and affiliated dealerships (collectively, “Dealer Direct,” “we,” “us,” or “our”). By accessing or using our site and services, you agree to be bound by these TOU. If you do not agree to these terms, please discontinue your use of the site and services immediately.

We reserve the right to modify these TOU at any time. Any modifications will apply to all future access and use of the site and services after the changes are posted. Continued use of the site after any modifications constitutes acceptance of the updated TOU.

1. Acceptance of Terms

By using our site and services, you agree to these TOU as a legal contract between you and Dealer Direct. These TOU apply to any site or service where a direct link to this TOU is displayed. In the event of any conflict between these TOU and any supplemental terms applicable to a specific service, the supplemental terms will control. These TOU do not apply to any site or service that does not display or link to these TOU or that has its own terms of use.

2. Compliance with Applicable Laws

You agree to comply with all federal, state (including the State of California), and local laws, ordinances, and regulations applicable to your use of the site and services, including but not limited to laws governing privacy, intellectual property, consumer protection, and data protection (such as the California Consumer Privacy Act (CCPA) and the Fair Credit Reporting Act (FCRA)).

Our site and services are intended for general audiences 18 years of age and older. Access or use by anyone under the age of 18 is not authorized unless expressly permitted by law.

3. License

We grant you a limited, revocable, non-exclusive license to access and use our site and services in accordance with these TOU. This license does not permit unauthorized reproduction, distribution, modification, or resale of any content or services provided by Dealer Direct or its affiliates.

4. Moderation and Content Regulation

Dealer Direct reserves the right to regulate any user-generated content posted or stored on our site and services. This includes but is not limited to postings, text, images, videos, ads, and any user communications. We reserve the right to take appropriate enforcement actions, including screening, deletion, or termination of content, accounts, or access to our services.

We are not liable for user-generated content or any failure to enforce content regulations. Users agree that any opinions, statements, or other content posted by third-party users are their own and do not reflect the views of Dealer Direct.

5. Content and User Conduct
6. Content

You are solely responsible for any content you post or transmit through our services. By posting content, you represent that you have the legal rights to do so and grant us a perpetual, irrevocable, and worldwide license to use, reproduce, distribute, and display your content.

Prohibited content includes but is not limited to:

• Illegal content
• Offensive, defamatory, or hateful material
• Fraudulent or misleading content
• Malicious software or links
• Unsolicited advertisements or spam

1. User Conduct

You agree to use the site in accordance with all applicable laws and must not:

• Attempt unauthorized access to any part of the site
• Use automated methods to access or manipulate content
• Post content on behalf of others without their consent
• Circumvent any security measures, including CAPTCHA or phone verification

6. Accounts and Postings

You may not create more than one account without express permission. Each account must be manually created by the user. Automated account creation or the sale, transfer, or sharing of accounts is prohibited.

We reserve the right to terminate any account in violation of these TOU. Users are responsible for all activity conducted through their accounts.

7. Unauthorized Access and Activities

Unauthorized activities that interfere with the integrity of our site and services are strictly prohibited. These include:

• Collecting personal information for unauthorized purposes
• Copying or scraping content without permission
• Using automated tools to interact with the site in violation of these TOU

Violations may result in account suspension, termination, or legal action.

8. Interactions with Other Users

Dealer Direct is not responsible for interactions between users, including transactions or communications. Users must conduct due diligence before engaging with others through the site, and we disclaim any liability for disputes arising from such interactions.

9. Eligibility Criteria

To use the Service, including applying for an auto loan, you must:

1. Be at least 18 years of age.
2. Be a legal resident of the United States.
3. Have a valid Social Security number and government-issued identification (e.g., driver’s license).
4. Have the legal capacity to enter into this Agreement.

10. Consent to Contact

By providing us with your contact information, including your mobile phone number, you agree to allow Dealer Direct Auto Loans, its affiliates, and affiliated dealerships to contact you via:

• Automated phone calls, text messages, or pre-recorded voice messages.
• Email communications related to your loan application, affiliated services, and marketing.

You understand that consent is not required to receive auto loan services, and you may opt out of marketing communications at any time.

11. Consent to Electronic Communications

By using this Service, you consent to receive electronic communications from Dealer Direct, its affiliates, and affiliated dealerships, including notifications, disclosures, and other information related to your use of the Service. Your consent to electronic communication applies to your interactions with us, including the loan application process and related services.

12. Collection and Use of Personal Information

As required by U.S. federal law, including the Gramm-Leach-Bliley Act (GLBA) and California state law under the CCPA, we are obligated to obtain, verify, and record specific personal information to comply with financial regulations. This may include:

• Your full name, address, date of birth, Social Security number, and driver’s license number.
• Employment details (current employer, length of employment, monthly income).
• Credit history information obtained through one or more credit reporting agencies (Experian, TransUnion, Equifax).

1. How We Use Your Information

Your information is collected to:

1. Process your auto loan application.
2. Verify your identity and creditworthiness.
3. Communicate with you regarding the status of your loan application or account.
4. Comply with federal and state laws, such as anti-money laundering laws.
5. Offer additional services or products from Dealer Direct, its affiliates, or affiliated dealerships, subject to your consent.

1. Data Sharing

As allowed under federal law and the CCPA, we may share your personal information with:

• Affiliates and Affiliated Dealerships: For everyday business purposes, such as processing transactions and offering services.
• Non-Affiliates: Only for specific purposes such as providing marketing services, or when required to comply with federal laws.
• Third-Party Service Providers: Including lenders, affiliated dealerships, and financial institutions that help facilitate the auto loan process.

13. Credit Authorization and Verification

By submitting your loan application, you give Dealer Direct Auto Loans, its affiliates, and affiliated dealerships express permission to:

1. Access your credit report from all three major credit reporting agencies (Experian, Equifax, TransUnion).
2. Share your personal information with affiliated and non-affiliated lenders, affiliated dealerships, or other relevant parties to obtain financing.
3. Verify the accuracy of the information you provide, including through third-party service providers.

14. Indemnification

You agree to indemnify and hold harmless Dealer Direct Auto Loans, its affiliates, and affiliated dealerships from any third-party claims arising from your use of the site or violation of these TOU. This includes liability for legal fees and damages resulting from your actions.

15. Disclaimer of Warranties

Our site and services are provided “as is” and “as available,” without any warranties of any kind. We do not guarantee the accuracy or performance of the site or services. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

Dealer Direct is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the site or services. California residents waive their rights under California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor…”

17. Dispute Resolution; Arbitration

You agree that any disputes

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17. Dispute Resolution; Arbitration
18. Mandatory Arbitration
    You agree that any disputes arising from these TOU, your use of the site, or any services provided by Dealer Direct Auto Loans, its affiliates, or affiliated dealerships will be resolved through binding arbitration, in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS). Arbitration will take place in Alameda County, California. This means that neither you nor Dealer Direct Auto Loans, its affiliates, or affiliated dealerships will have the right to litigate claims in court or have a jury trial.
19. No Class Action
    You agree that disputes will be handled on an individual basis and not as part of a class action. You expressly waive the right to participate in class-wide arbitration, class actions, or any other form of collective legal proceeding.
20. Privacy Policy

Your use of our site is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. This includes compliance with the California Consumer Privacy Act (CCPA) and other applicable privacy laws. By using our services, you agree to the terms of the Privacy Policy.

19. Miscellaneous
20. Governing Law
    These TOU are governed by the laws of the State of California, without regard to conflict of law principles. Any legal actions will be brought in the courts of Alameda County, California.
21. Termination
    You may terminate your account and stop using our services at any time. Dealer Direct reserves the right to terminate your access if you violate these TOU or engage in any conduct that is illegal, fraudulent, or harmful to others.
22. Electronic Communications
    By using our services, you agree to receive communications electronically, including emails, notices, and agreements, which satisfy any legal requirement that such communications be in writing.
23. Severability

If any provision of these TOU is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOU will remain in full force and effect.

21. Entire Agreement

These TOU, together with the Privacy Policy, Financial Privacy Notice, and any other policies posted by us, constitute the entire agreement between you and Dealer Direct Auto Loans, its affiliates, and affiliated dealerships with respect to your use of the site and services. No other agreements, written or oral, will modify or supersede the terms outlined herein.

22. Waiver

Our failure to enforce any provision of these TOU will not constitute a waiver of that provision or any other provision. A waiver of any provision in one instance does not constitute a waiver of any other provision or instance.

By continuing to access or use Dealer Direct Auto Loans’ site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

If you have any questions or concerns about these TOU, please contact Dealer Direct Auto Loans at [Contact Information] or visit our website at www.dealerdirectcarloans.com.