Certified Motors Terms and Conditions
Welcome to 772 Pulaski LLC, A Delaware Limited Liability Company dba Certified Motors website, https://dealsatcertified.com/. The terms and conditions that apply to your access to and/or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth in these Terms and Conditions. By accessing or using any areas of our Website, you accept and agree to all of the terms and conditions herein and you agree to be bound by these Terms and Conditions, including the Arbitration Agreement, which form a legally binding agreement. If you do not agree to all of the Terms of Conditions, please do not use this Website.
In accordance with federal regulations, we are giving you this Privacy Notice to tell you how we may use non-public personal information (Private Information) about you or your account. The kinds of Private Information we collect about you or your account are described below. This Privacy Notice applies whether you are our current or former customer.
Collection and Use of Private Information
We may collect the following kinds of Private Information about you from the following sources:
Disclosure of Private Information
We may disclose Private Information (described above) under the following circumstances:
Protection of Information
We restrict access to your Private Information to our employees and third parties who need to know that information in order to service your account. Additionally, we maintain physical, electronic, and procedural safeguards to protect your Private Information in a manner consistent with industry standards for similar companies. We will review our safeguards from time to time, and strive to maintain them in a manner consistent with federal regulations, if any, that may be in effect from time to time.
General; Changes to Terms and Conditions
All rights not expressly granted to you by us in these Terms and Conditions are reserved to us, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that your conduct violates applicable law or is harmful to our interests or businesses, or to our customers, affiliates, licensors or licensees.
Ownership; License; Limitations
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by us or our affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through this Website.
Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein. In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time.
This Website includes certain trademarks and service marks owned by us and/or our affiliates or third parties. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.
Use at Your Own Risk
We provide the content, information and other materials available through our Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any information you have found on our Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES.
To protect the account information of our Website members, where applicable, we may assign to you either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this Website. Only members have the ability to modify their personal information and delete their ads as needed.
In order to purchase products or services from this Website, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are intended to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, data, materials or other postings or communications (collectively, “User Content”), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email, SMS/text messages or other means of electronic communication. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant us and our affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant us and our affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that we misappropriated any such User Content or any portions thereof.
Notification of Claims of Infringement
We respect the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries, including notification of claims of infringement, please contact our Copyright Agent at: 772 Pulaski Highway, Bear DE 19701
Disclosure of Your Information; Violation of These Terms and Conditions
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect our rights, property or personal safety and/or our affiliates, employees, users of or visitors to this Website or the public.
Disclaimer of Warranties
YOU AGREE THAT OUR WEBSITE AND ALL CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF OUR WEBSITE AND ALL CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, AND OUR AFFILIATES, LICENSORS AND LICENSEES, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND/OR YOUR USE THEREOF.
Limitation of Liability
NEITHER WE, NOR OUR AFFILIATES, LICENSORS OR LICENSEES, SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES CONTAINED WITHIN OR OTHERWISE AVAILABLE THROUGH OUR WEBSITE. IN NO EVENT SHALL WE, OR OUR AFFILIATES, LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, OUR WEBSITE OR ANY CONTENT, INFORMATION OR OTHER MATERIALS, PRODUCTS OR SERVICES WITHIN OR OTHERWISE AVAILABLE THROUGH OUR WEBSITE OR OUR USE OF ANY MATERIALS THAT YOU PROVIDE TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL WE, OR OUR AFFILIATES, LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, you agree that our entire aggregate liability, if any, arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, our Website or any content, information or other materials, products or services within or otherwise available through our Website, or our use of any materials that you provide to us, will not exceed one hundred dollars ($100).
Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
You hereby agree to indemnify, defend and hold harmless us, and our affiliates, licensors and licensees, from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys’ fees, arising from or relating to:(i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims, or (iii) any dispute between you and any third party.
Any and all disputes arising from or relating to this website Agreement between us (hereinafter, the “Agreement”) or to any issue or dispute that may arise between you and us (i.e., Dealer) must be brought in binding arbitration. Arbitration shall be the exclusive method of resolution of all such disputes, and the award of the arbitrator following such arbitration shall be final. The only exception to this arbitration requirement is that claims solely for injunctive relief may be brought in court; such claims for injunctive relief may be brought only in federal or state court in the state of Delaware.
Arbitration may only be brought hereunder before the America Arbitration Association, the National Arbitration Forum, or another nationally recognized arbitration association. Arbitration will take place within the state of Delaware, at a location mutually agreeable to the parties. Arbitration shall take place before a single arbitrator, to be agreed upon jointly by the parties, and the arbitrator shall be either a lawyer with more than ten years’ experience or a retired judge. If the parties are unable to agree upon an arbitrator, then the arbitration organization shall select one for the parties (with the qualifications set forth above). At the arbitration, the law of the state of Delaware shall apply. Discovery shall be limited in connection with any arbitration hereunder, and the only discovery permitted will be that related to your use of this website and not that of any other user. All materials from any arbitration, including but not limited to discovery from such arbitration, testimony at a deposition or arbitration hearing, filings in such arbitration, and any arbitration award, shall remain strictly confidential; the parties shall not publicly disclose any such arbitration materials except to the extent required by law.
The Agreement between the parties to which this Arbitration Agreement applies involves a transaction affecting interstate commerce, and this Arbitration Agreement and arbitration pursuant thereto shall therefore be governed by the Federal Arbitration Act , 9 U.S.C. §§ 1-16. This Arbitration Agreement shall survive any default by you, the repayment by you of all amounts borrowed from us, and any bankruptcy by you (to the extent permitted by law). If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement, which are separable. The judgment of a state or federal court in Delaware, and no other, shall be entered upon an award pursuant to arbitration under this Arbitration Agreement. Any post-arbitration proceeding seeking to confirm, vacate, or modify an arbitration award shall only be brought in state or federal court in the state of Delaware.
PURSUANT TO THIS ARBITRATION AGREEMENT, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT (APART FROM CLAIMS FOR INJUNCTIVE RELIEF) OR HAVE OUR CLAIMS HEARD BY A JURY.
YOU AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION, EITHER AS A REPRESENTATIVE OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. UNDER THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN ALL CLASS PROCEEDINGS. TO BE CLEAR: NO CLAIMS CAN BE LITIGATED OR ARBITRATED ON A CLASS-WIDE BASIS. CLAIMS BROUGHT BY YOU MAY MOREOVER NOT BE JOINED WITH CLAIMS BROUGHT BY ANY OTHER PARTY.
“Dealer” means (i) The person or company to whom the agreement is addressed and who shall become a party to the agreement upon its acceptance (ii), any parent or management company of the Dealer or other related entity; (iii) all companies owned or controlled by, or under common ownership or control with, any of the previous entities or the parent or management company of the Dealer; and (v) all employees or other individuals who are employed by or who manage or own any of these companies.
Your use of our Website for spamming is strictly prohibited. By using our Website, you agree not to use information concerning other users of our Website, or any items such users have listed or searched for on our Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use our Website and the content, information or other materials, products and services within or otherwise available through our Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website or the content, information or other materials, products or services within or otherwise available through our Website will not be permitted. You agree that any and all causes of action arising out of or relating to our Website or the content, information or other materials, products or services within or otherwise available through our Website shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
We take integrity in our business dealings very seriously. Please take a moment to carefully review the information we've provided below.
Prices shown do not include sales tax, vehicle registration fees, tags, title or other fees required by law, finance charges and any documentation charges, administration fee, warranty (if available) or other fees. All prices, specifications and availability subject to change without notice. Contact dealer for most current information.
Credit approval based on lender criteria, not all customers will qualify the same. We typically finance and can secure financing for Delaware area residents only. Terms, rates, and down payments will vary greatly. Proof of income, residency and other documentation may be required for final approval in most cases. Approval stipulations, down payment requirements, loan amounts, rates and terms may change without notice up until the date of purchase. All approvals and special offers are time sensitive and may be limited to specified vehicles.
Graphics are representational only. All photos may not depict actual vehicles and option packages. While we do our best to list trim packages, prices and equipment accurately, we cannot be responsible for typographical errors.