Terms and Privacy


Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

The PedalAuto.com website (the “Site”) is owned and operated by Pedal Auto, LLC. (or "Pedal"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”). By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept the terms of use as set forth in these Terms and Conditions and agree to be legally bound by them. Pedal may change these Terms and Conditions at any time. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes. These Terms and Conditions were last updated on August 23, 2018.

Ownership And Intellectual Property

Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to Pedal Auto, LLC., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2018, Pedal Auto, LLC., all rights reserved. Pedal also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Pedal, the Pedal Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of Pedal and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of Pedal or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Pedal's (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other Pedal's intellectual property, or assist any third party in doing so.

Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If Pedal provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of Pedal.

By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:

  1. Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content that, in the sole judgment of Pedal, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Pedal or its affiliates or its users to any harm or liability of any type.

You further agree that you will not attempt or do any of the following:

  1. Interfere with or disrupt the Site or our computer systems, servers, or networks;
  2. Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
  3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Pedal and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Pedal and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant Pedal the right to pursue at law any person or entity that violates your or Pedal's rights in the Content or breaches of these Terms and Conditions.

Pedal takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Pedal liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Pedal is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although Pedal has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Pedal reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Pedal's systems and customers, or to ensure the integrity and operation of Pedal business and systems, Pedal may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.

Pedal’s right to disclose any such information, as applicable, shall be pursuant to the terms of Pedal's Privacy Policy. Please see Pedal’s Privacy Policy for the terms of Pedal's personal data collection and use practices with respect to the Site. By using this Site, you consent to Pedal's collection and use of personal data as set forth in Pedal's Privacy Policy.

Rights to User Content

Content submitted by users will be considered non-confidential and Pedal is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, Pedal reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. Pedal is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to Pedal. Pedal shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Pedal or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of Pedal and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release Pedal, and its licensees, successors and assigns, from any claims that you could otherwise assert against Pedal by virtue of any such moral rights.

Use of Pedal Listings Service

The information on vehicles provided in this service and on the Site is supplied by the seller or other third parties; Pedal is not responsible for the accuracy of such information. Pedal provides this service and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Pedal is not a party to any transaction between vehicle buyers and sellers that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.

Pedal is a vehicle listing and information service that brings together buyers and sellers. PEDAL IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. Pedal does not hold or possess title for any vehicle listed for sale on our Site and Pedal is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.

All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.

Information about a particular vehicle is supplied by the seller, not by Pedal. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. Pedal is not responsible for incorrect information given by buyers or sellers, including information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles. We cannot verify the information/photos that sellers supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective purchasers/sellers, we urge you to take the same precautions you would take if you were purchasing/selling a car through a classified ad in the newspaper.

PEDAL MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE ON OUR SITE. VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. PEDAL DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. PEDAL DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.

Grant of License; Use Of The Site

Pedal grants to you a personal, revocable, nonexclusive, non transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2018, Pedal Auto, LLC., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by Pedal; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Pedal. To request permission, you may contact Pedal as follows:

By electronic mail to: general@PedalAuto.com

Or by regular mail to:

Editor
Pedal Auto, LLC.
3739 Calle Jazmin
Calabasas CA, 91302

You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by Pedal with or of you or any third-party entity, person, product or service unless express written permission has been given by Pedal in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

PEDAL AUTO, LLC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND PEDAL AUTO, LLC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. PEDAL AUTO, LLC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. PEDAL DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT PEDAL AUTO, LLC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER PEDAL AUTO, LLC., ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, PEDAL ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT.

YOU AGREE TO INDEMNIFY PEDAL AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.

Links To Other Sites

The Site contains links to third-party web sites. The linked sites are not under the control of Pedal, and Pedal is not responsible for the contents of any linked site. Pedal provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Pedal. Linked sites are owned and operated by independent retailers or service providers, and therefore, Pedal cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their Terms of Use and Privacy Policies, before proceeding with any transaction with any of these third parties.

Digital Millennium Copyright Act Compliance

Pedal complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

  1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pedal to locate the material;
  4. Information reasonably sufficient to permit Pedal to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. 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; and
  6. A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of copyright infringement claims may be reached as follows:

Editor
Pedal Auto, LLC.
3739 Calle Jazmin
Calabasas, CA 91302
general@Pedalauto.com

Applicable Law and Jurisdiction

The Site (excluding links to third-party sites) is owned and controlled by Pedal, and operated by Pedal from its offices in and around Los Angeles, CA. While Pedal has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of California and from each other. You and Pedal both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and Pedal explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Commonwealth of California, without regard to its conflicts of law principles. You agree that all claims you may have against Pedal arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Action Waiver.” If you chose to access this Site from locations other than Los Angeles, CA, you will be responsible for compliance with all local laws of such other jurisdiction.

DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

1. Binding Arbitration

Except as specifically stated herein, any dispute or claim between you and Pedal arising out of, or relating in any way to, the Terms and Conditions, the Site, content, or your use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Los Angeles County, California. By virtue of this Arbitration Agreement (defined below), you and Pedal is each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and Pedal's written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and Pedal. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.

To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection 5 below of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: Director of Legal, Pedal Auto, LLC., 3739 Calle Jazmin, Calabasas CA 91302. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Los Angeles, California, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America).

2. No Class Action Matters

We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.

3. Choice of Law and Forum; No Jury Trial

If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Los Angeles County, California; (b) you and Pedal irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and Pedal agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the Commonwealth of California, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and Pedal agree to waive any right to a trial by jury.

4. Injunctive Relief

Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the ”Ownership And Intellectual Property” section of the Terms of Use(“Your Conduct”).

5. Time Limitations

If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

6. Severability

If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Pedal has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Pedal is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Pedal shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.

Modifications to the Site

Pedal may change, restrict access to, suspend, or discontinue any aspect of the PedalAuto.com service or the Site at any time, including availability of any feature, database, or content. Pedal may also impose limits on certain features and services or restrict your access to all or parts of the PedalAuto.com web site without notice or liability. Pedal may remove any review from the Site if Pedal determines, in its sole discretion, that the review may be false or fraudulent. Pedal may exclude or remove vehicle prices from the Site if Pedal determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing. Pedal may exclude or remove from the Site embedded contact information in images, often known as "Watermarking," if Pedal determines in its sole discretion that such information is embedded with the intent of circumventing the Pedal lead routing process.

Pedal reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to Pedal's attention and that Pedal considers unacceptable or inappropriate, whether for legal or other reasons.

Termination

You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.

Miscellaneous

This agreement may not be assigned by you without the prior written consent of Pedal. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Pedal may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives.  If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of Pedal, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.

Entire Agreement/Reservation of Rights

These Terms and Conditions and Pedal's Privacy Policy represent the entire agreement between you and Pedal with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Pedal with respect to same. Any rights not expressly granted under this Agreement are reserved.


Privacy Policy

The Pedal websites and mobile and other applications, products and services are owned and operated by Pedal Auto, LLC. ("Pedal"). Pedal has provided this “Privacy Policy” because we value your right to privacy. This Privacy Policy was last updated on August 23, 2018 and governs the collection, use and disclosure of personal information on or after this date from our websites and other applications, products and services, except for data from consumers and customers based in Europe. Consumers and customers based in Europe onl. Please read this Privacy Policy carefully before providing us with any personal information. We reserve the right to change this Privacy Policy at any time without prior individual notice. Any changes to our Privacy Policy will be posted at this URL, so be sure to check back often and consult the last updated version. Your continued use of the site following notice of such changes will be conclusively deemed acceptance of any changes to this Privacy Policy. You agree that posting of changes to this Privacy Policy constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of the Privacy Policy and all applicable laws. We highly recommend that you review this Privacy Policy from time to time. Any change to this Privacy Policy that materially affects your rights to your personal information will not take effect until 30 days after notice of such change is posted on the site, during which time you may notify us that you do not accept such change. If you do not accept such change, then you must immediately discontinue use of the site. Your continued use of the site after such 30 day period will mean that you accept such changes. If we make material changes that will affect personal information we have already collected from you, we will make reasonable efforts to notify you of the changes and to give you the opportunity to amend or cancel your account.

[If you have questions about this Privacy Policy, e-mail us at privacy@Pedalauto.com.

Glossary

As used in this Privacy Policy, the following terms are defined as follows:

"site"

PedalAuto.com and the mobile and other applications and products and services owned and operated by Pedal Auto, LLC.

"advertising networks"

companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of internet-based advertisements.

"Data Technologies"

technologies, such as cookies, local shared objects, pixels and web beacons, used to automatically collect information about your actions and your visit to our site, and includes all current and similar future technologies, including anonymous advertising identifications used on mobile devices and otherwise in a manner similar to cookies.

"internet-based advertising"

also called "online behavioral" or "interest-based" advertising and is advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications.

"Personal information"

personally identifiable information about an individual, such as an individual’s name, address, telephone number, and/or email address.

"Registration information"

personal information collected from you at registration, such as your name, email address, mailing address, telephone number, user name and password. The registration information we collect may vary, but we only collect the registration information that you manually enter into our forms.

"Third party service providers"

Entities that have contracted with Pedal to provide services to or on behalf of Pedal.

Information we collect and how we use it
1. Automatic Collection of Information

Pedal gathers information from your computer or handheld or mobile device when you visit our site, whether you register for an account with us or not. We encourage you to register with us to take advantage of Pedal's many personalization features. However, you may choose not to register and take advantage of features of our site where registration is not required. You may still use the site, but some of the features and functionality may be limited or not available. If you do not register, then the information we collect from you is limited to the information described below.

Anytime you visit our site, we collect your IP address to help diagnose problems with our server, administer our site and track site usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an "always-on" type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection (e.g., AOL or Earthlink). Either way, it would be extremely difficult for us to identify you through your IP address by itself, and we make no attempt to do so. We also collect information on whether you reached our site by clicking on a link or advertisement on another site, which helps us to maximize our Internet exposure, and to understand the interests of our users. We also collect information on your ISP or mobile carrier and the type of handheld or mobile device you used. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.

Pedal uses a reputable third party, Google Analytics, to collect information through Data Technologies. This data is collected on an anonymized basis and in the aggregate, but may include or be associated with other non-personally identifiable information or with personally identifiable information that users have voluntarily submitted. Our primary goal in collecting user information is to enhance your experience on our site. Google Analytics is a web analytics tool provided by Google, Inc. ("Google") that helps website owners understand how visitors engage with their website. We can view a variety of reports about how visitors interact with our website so we can improve it. Google Analytics collects information anonymously. Google uses first party cookies and IP addresses, and it reports website trends without identifying individual visitors. We do NOT authorize Google Analytics to use the data it collects from this site. We may also use Inspectlet to capture our visitors' website experiences, without seeing the text of anything they type in. We use it to determine what does or does not attract users within our site.

We may partner with advertising networks, which may use information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us and other advertisers. We may also act as an advertising network and use information collected through a variety of Data Technologies while you are on our site and elsewhere where we may be acting as a third party. This data collection takes place both on the site and on third-party's websites and mobile applications. This process allows Pedal and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.

We do not provide information that is directly associated with a specific person (such as name and address) to any advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement.

Some companies disclose when they are using interest-based advertising programs on the site to deliver third-party ads or collecting information about your visit for these purposes and give you the ability to opt-out of this use of your information. You may see an icon in or around third-party advertisements on the site that use interest-based advertising programs and on pages where data is collected and used for online interest-based advertising. Clicking on this icon will provide additional information about the companies and data practices that were used to deliver the ad. You can opt out of delivery of targeted advertising to you by Pedal and by multiple other companie. Please note that even if you opt out, you will continue to receive advertisements, but they will not be tailored to your specific interests.

We, our third party service providers, our advertising networks, car dealers and/or advertisers on our site also use Data Technologies, as follows.

Cookies

We place a small file known as a "cookie" on your computer's hard drive or mobile device or application. A cookie may contain information that allows us to track your path through our site and to determine whether you have visited us before. Cookies cannot be used to read data off of your hard drive, and cannot retrieve information from any other cookies created by other websites. We use cookies in this manner to help us understand how visitors use our site, and to help us to improve our site. You may refuse to accept a cookie from us by following the procedures specific to your web browser or by adjusting the use of advertising identifiers on mobile devices through the settings on your device. If you disable our cookies, you may find that your browser reacts strangely when visiting our site, and some portions of the site may not work properly if you refuse cookies.

Local Shared Objects or "Flash Cookies"

"Local shared objects," sometimes known as "Flash cookies", may be used by entities who advertise on our site to store your preferences or display content based upon what you have viewed on various websites or mobile applications to personalize your visit. To control your use of Flash cookies, visit Adobe's website at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html for tools to control and disable Flash cookies. If you use Firefox, you can also obtain an add-on to detect and delete Flash cookies by visiting https://addons.mozilla.org/en-US/firefox/addon/betterprivacy/ and clicking "Add to Firefox".

Web Beacons

A "web beacon," also known as an "Internet tag", "pixel tag" or "clear GIF", links web pages to web servers and their cookies. We and our third party service providers may use web beacons to understand site usage, help customize our content, offer advertisements on the site, personalize your experience on the site, analyze trends, and for other purposes related to management and administration of the site, as well as in emails we send to you to notify us that the email was opened.

Applications and Widgets for Social Media

On our site, we may display applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as the Facebook® "Share" or "Like" button, are visible to you on the Pedal web page you visit. Because Pedal displays applications or widgets from social media networks, such as Facebook®, Twitter® and others, on our site, this may allow the social media networks in which you participate to collect information about you, even when you do not explicitly activate the network's application or widget. Please visit the applicable social media network's privacy policy to better understand their data collection practices and the choices they make available to you about opting out of their data collection. The privacy policy of the social media network controls the collection, use and disclosure of all personal information transmitted to that network.

In addition to social media networks, our site also contains references and links to third party web sites that may offer information of interest. This Privacy Policy does not apply to those web sites, and we recommend reviewing those websites’ privacy policies individually. As discussed in Pedal’s Terms and Conditions of Use, Pedal is not responsible for the content of such third parties.

2. Information Collected Upon Registration and Requests to be Contacted
Information Collected When Requesting to be Contacted by a Car Seller, Dealer or Manufacturer

If you want to be contacted by a particular car seller, dealer or manufacturer through our site, both that seller, dealer or manufacturer, as applicable, and Pedal may collect personal information provided by you on the contact form for the seller, dealer or manufacturer, which may include your name, email address, and telephone number so that the seller can contact you, or so that we can email you to request that you submit a dealer review.

Information Collected When Registering with Pedal; Subscribing

If you choose to register with us, you'll be able to add content to our site (subject to Pedal’s site Terms and Conditions of Use). For example, you may post your own car reviews and participate in our discussion forums. In addition, you will benefit from the ability to personalize your Pedal site experience. The benefits of registering will increase over time as we get to know you better and introduce new features. We encourage you to register so that you can experience everything that Pedal has to offer!

If you register with us, in addition to the information collected that is described above, we will also collect registration information. We may store all or some of that information in a cookie file on your hard drive, so that our system will recognize you each time you visit our site. In that way, we can save your preferences from visit to visit and present you with a customized site, without requiring you to log into our site every time you visit.

Once you register, we may also use registration information to periodically contact you with news or important information about your account; to provide you with information on special offers, products or services that we think may be of interest to you; to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions; or to request your feedback on our site. When you subscribe to receive specific information or services on our site, we may use subscription information to provide you with information on special offers, products or services that we think may be of interest to you; or to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions

You may opt-out of any or all future marketing communications or notifications from Pedal or a car seller, dealer or manufacturer by clicking on the unsubscribe link we place at the footer of every email we send that is not in response to an action taken by the user.

Cancelling Your Pedal Registration

You can cancel your registration with us by e-mailing general@PedalAuto.com, or by placing your email address in the subject of the e-mail. We will send you an e-mail to confirm your request. After we receive confirmation, we will remove your information from our active database, but some information may remain in our database and/or archives for our own corporate recordkeeping and as required to comply with law. As a practical matter, given the number of car sellers, dealers or manufacturers, we will not be able to remove your information from car sellers, dealers or manufacturers' databases, if we have transmitted any information to them.

3. How your personal information is shared and accessed.

Except as set out below, we may aggregate personal information from all of our users and provide that information in the aggregate to car sellers, dealers and manufacturers and advertisers, for marketing and promotional purposes. However, if we do so, that information will be anonymized so as not to be personally-identifiable.

a. Affiliates.

We may share information about you, including personal information, with our corporate affiliates, who will use it in accordance with their privacy policies.

b. Car Sellers, Dealers and Manufacturers /Requests.

With your express consent, Pedal may sell personal information to car sellers, dealers and manufacturers who may use that information for purposes of marketing their products or services to you directly.

When you request services beyond those directly available from us, we may provide your personal information to car sellers, dealers and manufacturers. For example, should you request a price quote for a new car, your personal information will be distributed to car sellers, dealers and manufacturers.

Car sellers, dealers and manufacturers may use your personal information to respond to your requests for information or provide further information about products and services that they believe will meet your continuing needs. Your personal information will be subject to their privacy policies, and you should contact them directly for more information about their specific privacy and opt-out policies. By submitting a request for such information through us, you consent to our transmission of your personal information to the car sellers, dealers and/or manufacturers that we, in our sole discretion, believe may be able to provide such services.

c. Service Providers.

We may allow third party service providers (such as market research firms, marketing services providers and advertising agencies) access to your personal information to perform services on our behalf. We contractually require our service providers to provide protection for personal information and to limit the use of such information solely for the purpose of providing the specified services on our behalf.

d. Legal Authorities.

Pedal will cooperate with legal authorities, and may in some circumstances be required to disclose personally identifiable information in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. We can also share information about you if we believe we must in order to (a) prevent a violation of the law; (b) protect or defend our interests and the legal rights or property of Pedal and our affiliates; (c) protect the rights, interests, safety and security of users of the site or members of the public; (d) protect against fraud or for risk management purposes; or (e) comply with prudent legal practice as we may determine, and applicable law or legal process. We may also share information about you in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us in enforcing our legal rights. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of bankruptcy.

4. Storage of Personal Information.

Your personal information is stored on servers in the U.S. Also, some of our service providers may store information in servers hosted in countries different from where you reside. As such, your personal information may be subject to the laws of other countries, where the data protection and other laws may not be as comprehensive as your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate.

5. Publicly-Posted Information.

Your profile on Pedal will be publicly viewable and identifiable via your screen name. Pedal will not share your email address with any other members nor display it any public manner. If you choose to participate in our member-to-member communications programs, you may be contacted by other Pedal members, using Pedal as an intermediary. All Pedal members will have the option to turn off the member-to-member communication features at any time.

When you submit your e-mail address and/or phone number to a particular seller through the Pedal site, you agree to being contacted by the seller by various means, including by phone at the number provided, text message, email, automatic telephone dialing system and/or an artificial or prerecorded voice.

Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.

6. Consent.

By using the site, you consent to our automatic collection of information that does not personally identify you about your visit to our site, whether you register with Pedal or not.

By providing your personal information, such as when you register, during the course of your use of your registration, or when you seek to contact a third party through the site, you consent to the collection, use and disclosure of personal information described in this Privacy Policy, in our sole and absolute discretion.

7. How you can review and update your personal information.

You can review and update the personal information you have provided through the registration process. Or, to request an accounting of how your information has been used or disclosed, or to make a complaint or ask a question, you can also contact us at:

Address:

Pedal Auto, LLC.

3739 Calle Jazmin

Calabasas, CA 91302

Email:

privacy@PedalAuto.com

8. Security - Steps we take to protect your personal information.

Pedal has implemented commercially reasonable administrative, technical, personnel, and physical security measures designed to help protect the personal information stored in our systems against loss, theft and unauthorized use, disclosure or modification. For example, we limit access to personal information about you to employees who we believe reasonably need to come into contact with that information. We also employ processes (such as password hashing, login auditing, and idle session termination) to protect against unauthorized access to your personal information. Technical measures also include use of firewall protection and in some instances may include encryption technology. Although we take reasonable precautions to assess the reliability of such technology, we rely on the statements of the vendors of those products and services as part of its security evaluation. Please note that although Pedal has endeavored to create a secure and reliable Site for users, the confidentiality of any communication or material transmitted to/from the Site, and the security of your personal information, cannot be guaranteed. Pedal urges you to take every precaution to protect your personal information when you are on the Internet.

9. Data Retention

Any personal information that Pedal collects is kept as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law or our recordkeeping policies and practices. When we no longer have reason to retain your personal information it will be destroyed or anonymized in a manner designed to preserve its private and confidential nature, however archival copies may be impossible to delete.

10. Your California Privacy Rights

California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties' direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us using the contact information above.

11. Children's Privacy

This site is a general audience site, and we do not knowingly collect information about children. Should a child whom we know to be under 16 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

12. Disputes

Your access and use of our site and any dispute regarding privacy is subject to this Privacy Policy and our Terms and Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the Commonwealth of Massachusetts.