EveryAuto.com Is an Automotive Advertising and Research Service
CDK operates this Site as an online advertising and research service for car buyers, sellers and financing sources. CDK does not sell vehicles or provide financing directly and is never a party to any transaction between buyers and sellers or between buyers and financing sources. As a result, Progress does not (a) guarantee or otherwise ensure any vehicle or any transaction between a buyer and a seller or a buyer and a financing source, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.
Advertisers on this Site may include information about special offers, incentives or pricing associated with a specific brand, model or vehicle (“Offers”). CDK is not responsible for the content of any Offers, nor responsible for any errors or omissions in Offer content. Users of this Site should contact the relevant advertiser for full details on any Offers, including eligibility requirements, limitations and restrictions, and availability.
Your Use of this Site
You may not:
(i) decompile, reverse engineer, disassemble or unlawfully use or reduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in this Site;
(ii) attempt to gain unauthorized access to any portion or feature of this Site or any other systems or networks connected to this Site, or to any product or service offered on or through this Site, by any means;
(iii) probe, scan or test the vulnerability of, or breach the security or authentication measures on, this Site or any other systems or networks connected to this Site, or otherwise attempt to interfere with the proper functioning of this Site or such other systems or networks;
(iv) reverse look-up, trace or seek to trace any information on any other user of or visitor to this Site, or any other customer of CDK, including any CDK account not owned by you, to its source, or exploit this Site, or any product or service made available or offered by or through this Site, in any way with the purpose to access, acquire or reveal any information, including but not limited to personal identity or information, other than your own information, as provided for by this Site;
(v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CDK on or through this Site or any product or service offered on or through this Site, or pretend that you are or that you represent someone else, or impersonate any individual or entity when using this Site;
(vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or CDK’ systems or networks, or any systems or networks connected to this Site;
(vii) use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site, or with any other person’s use of this Site;
(viii) use this Site to defame, harass, threaten or intimidate others; or
(ix) use this Site or any Content for any unlawful or prohibited purpose, or solicit the performance of any illegal activity.
Except for the limited permission in the preceding paragraph, CDK does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
If any materials are available for downloading, access or other use from this Site with their own license terms, conditions and notices, such license terms, conditions and notices will govern.
Purchases on this Site; Access to Certain Portions of Site
CDK or advertisers on this Site may make changes to any product or service offered on this Site or to the applicable prices, at any time, without notice.
Certain Site features and services may require you to open an account. You are solely responsible for keeping your account information (including, without limitation, your password) confidential, and for any and all activity that occurs through your account as a result of your failing to keep this information confidential. You agree to notify CDK immediately of any unauthorized use of your account, and of any other breach of security. You may be held liable for losses incurred by CDK or any other user of this Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s user ID, password or account on this Site at any time without the express permission and consent of the holder of that user ID, password or account. CDK cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites
This Site may contain links to independent third-party websites (“Linked Sites”). CDK provides these Linked Sites solely for your convenience, and does not control or endorse any of them. CDK cannot be responsible for the content, security or privacy policies or practices of such Linked Sites.
Suspension or Termination of Your Use of this Site
CDK also reserves the right to, at any time, without notice, modify, interrupt, suspend or terminate the operation of or access to this Site, or any portion of this Site, for any reason (including, without limitation, maintenance, error correction, etc.).
Disclosure of Your Information
Disclaimers; Limitation of Liability
THIS SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CDK DOES NOT WARRANT THAT (A) THIS SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, OR ANY DEFECTS WILL BE CORRECTED; (B) ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES; OR (C) ANY INFORMATION YOU TRANSMIT TO THIS SITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO CONFIRM WITH CDK THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION BASED ON SUCH INFORMATION. CDK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY CDK PRODUCTS AND/OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CDK FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THIS SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, to the fullest extent permitted by the law of the applicable jurisdiction.
You agree to indemnify and hold CDK, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and other affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against CDK by any third party due to or arising out of or in connection with your use of this Site.
Dispute Resolution; Class Action Waiver
All matters relating to your access to or use of this Site, including all disputes, will be governed by the laws of the State of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such exclusive jurisdiction or venue. Resolution of all disputes shall be conducted and resolved on an individual basis only, and not on a class-wide, multiple plaintiff, multiple claimant, consolidated or similar basis. You waive any right to participate in any way in a class action lawsuit against CDK, or to act in any arbitration, lawsuit, action or other legal proceeding against CDK in the interest of the public or in any private attorney general capacity.
CDK administers and operates this Site from its locations in the United States. Information on CDK’ Site may contain references to products, programs and services that are not available in your country. Such reference does not imply that CDK or any third party whose products, programs and services are featured on this Site intends to make or continue to make such products, programs, or services available in your country now or in the future. Any offer on this Site for any feature, product, or service is void where prohibited. If you choose to access this Site from outside the United States, you are responsible for complying with applicable local laws. This Site and the products and services offered on or through this Site are not intended to be offered to or used by residents in Europe.
Certain text in this Site may be available in languages other than English. These translations are provided as a convenience to you, and CDK makes no representations or commitments regarding the accuracy or completeness of the translation.
CDK welcomes any feedback you have regarding this Site. Please be aware that any feedback you provide shall be deemed non-confidential, and CDK shall be free to use such information on an unrestricted basis. Please provide any feedback to the following address:
CDK Global, LLC
c/o CDK Global, LLC
1950 Hassell Rd.
Hoffman Estates, IL 60169
Attention: Legal Department
Last Date for Updates
These Terms and Services were last updated on April 25, 2018.
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