AutoNation.com Website Policies
In this article
- 1. Overview
- 2. Consent to Share Personal Information When Using Live Chat Function
- 3. Third Party Vendors
- 4. Business Transfers
- 5. Compliance with law/safety
- 6. Use of cookies and other tracking technologies
- 7. External links
- 8. Passwords
- 9. Children under the age of 16
- 10. How we protect the information that we collect
- 11. International Visitors
- 12. Rights Under the CCPA, CPRA, and VCDPA
- 13. Consent to Terms and Conditions
- 14. Changes to Our Privacy Policy
- 15. Consumers With Disabilities
- 16. Questions About the Policy
1. Overview
AutoNation, Inc., together with its affiliated entities and except as noted below (collectively, “AutoNation,” the “Company” or
“we”) has developed this privacy policy out of respect for the privacy of our customers, visitors to our website, job applicants, and independent
contractors. This policy describes the personal information we collect, use, process, and disclose about individual consumers, applicants, and contractors who visit
or interact with this website, visit any of our offices, stores, facilities or locations, purchase or inquire about any of our products or services, contract with
AutoNation, Inc. or any affiliated entity to provide services, apply for a position of employment with AutoNation, Inc. or any affiliated entity, or otherwise interact or
do business with us. This policy does not apply to any affiliated entity that has a stand-alone privacy policy.
Whenever you visit our website, we will collect some information from you automatically simply by you visiting and navigating through this site, and some
voluntarily when you submit information using a form on the website, utilize the Live Chat feature on our website, enroll in or subscribe to our newsletter or
marketing communications, request information, or use any of the other interactive portions of our website. Through this website, we will collect information that
can identify you and/or your activity.
Additionally, whenever you communicate, interact or do business with us, whether online or at any of our dealership locations, or whether you are contracted to
perform services for us or apply for a position of employment, we will be collecting personal information from you or about you in the course of our interaction or
dealings with you.
This policy does not apply to our current and former employees and their family members, dependents, and beneficiaries; if you are a California
resident who is a current or former employee of AutoNation, Inc. or any affiliated entity, or a family member, dependent, or beneficiary of any of our current or
former employees, you may request access to our Employee Privacy Policy by sending an email to
[email protected].
2. Consent to Share Personal Information When Using Live Chat Function
By using the Live Chat feature, you consent to our collection and analysis of all personal information provided. The Live Chat feature does not use any chatbot or
artificial intelligence technology. Rather, each chat takes place with a live representative of AutoNation. We utilize a vendor called Active Engage (“Chat Vendor”) to
process, analyze, and store the contents of the chat on our behalf. The Chat vendor may provide information in the chat to vehicle manufacturers, and/or their
affiliated entities, distributors, agents, and contractors. By using these forms and features, you direct AutoNation to disclose to and share with the Chat Vendor
any personal information you provide.
Collection and Processing of Personal Information and Sensitive Personal Information
The table below lists the categories of personal information and data we collect and process about you based on your specific transactions and interactions with
our website, including the personal information and data collected and processed in the last 12 months. For each category of information, the categories of third
parties and service providers to whom we disclose and have disclosed the information and data in the last 12 months are referenced by a letter that coincides
with the letter in the list of categories of service providers and third parties that follows soon after this table.
Category | Examples | Disclosed in last 12 months | Sold or Shared, Including in Last 12 Months, To | Retention Period |
---|---|---|---|---|
Personal Identifiers | Name, alias, social security number, date of birth, driver’s license or state identification card number, passport number, employment authorization document number. | A, B, D, E, F, G, H, I, J, K, L, M, N, O, P | Sold to A Shared with A | If included in documents encompassed by another category, longest applicable retention period for another category as set forth in this table. Otherwise, for job applicants not hired: 4 years from when the position is filled or the date we receive your information, whichever is longer; for independent contractors: contract term plus 4 years; and for all other relationships: duration of our relationship with you plus 7 years. |
Contact Information | Home, postal or mailing address, email address, home phone number, cell phone number. | A, B, D, E, F, G, H, I, J, K, L, M, N, O, P | Sold to A Shared with A | If included in documents encompassed by another category, longest applicable retention period for another category as set forth in this table. Otherwise, for job applicants not hired: 4 years from when the position is filled or the date we receive your information, whichever is longer; for independent contractors: contract term plus 4 years; and for all other relationships: duration of our relationship with you plus 7 years. |
Account Information | Username and password for AutoNation accounts and systems, and any required security or access code, password, security questions, or credentials allowing access to your AutoNation accounts. | N | Not Sold or Shared | For independent contractors, Username: contract term plus 90 days; Password or security code: while in use. Otherwise, Username: permanent; Password or security code: while in use. |
Protected Classification | Race, ethnicity, national origin, sex, gender, sexual orientation, gender identity, religious or philosophical beliefs, age, disability, medical or mental condition, military status, familial status, language preference. (Protected classifications are not collected from persons in the context of acting as job applicants or independent contractors.) | B, D, H, I, L, O | Not Sold or Shared | Duration of our relationship with you plus 7 years. |
Commercial Transactional Data | Information regarding products or services provided, purchasing history. | A, B, C, D, E, F, G, H, I, M, N, O | Sold to A and F Shared with A | 7 years after transaction, unless necessary to maintain for product warranty, OSHA or other regulatory compliance. |
Biometric Information | Fingerprints (Biometric Information is not collected from persons in the context of acting as job applicants or independent contractors.) | B | Not Sold or Shared | 7 years after transaction, unless necessary to maintain for product warranty, OSHA or other regulatory compliance. |
Internet Network and Computer Activity | Date and time of your visit to this website; webpages visited; links clicked on the website; browser ID; browser type; device ID; operating system; form information downloaded; domain name from which our site was accessed; search history; and cookies; internet or other electronic network activity information related to usage of our networks, servers, intranet, or shared drives, including system and file access logs, security clearance level, browsing history, search history, and usage history. | A, H, I, N | Sold to A, H, and J Shared with A | For independent contractors, 10 years. Otherwise, 2 years. |
Geolocation Data | IP address from which you accessed any of our websites, and data contained in GPS devices located in loaned vehicles. (Geolocation Data is not collected from persons in the context of acting as job applicants or independent contractors.) | A, B, H, I, N | Sold to A, H, and J Shared with A | 2 years |
Mobile Device Data | Information collected when you navigate, access or use any of our websites via mobile device, including device type, software type; data identifying your device if you access our business networks and systems, including cell phone make, model, and serial number, cell phone number, and cell phone provider. | G, H, I, N | Not Sold or Shared | 2 years |
Financial Information | Information collected through credit or financing applications, including employment history, company name, role, salary, dates of employment, bank accounts, income sources; information contained in invoices billed to the Company and in records of payments made to you by the Company, or other financial account information. (Financial Information is not collected from persons in the context of acting as job applicants.) | B, C, D, E | Not Sold or Shared | For independent contractors, contract term plus 10 years. Otherwise, 7 years. |
Inferences | For job applicants, based on analysis of the personal information collected, we may develop inferences regarding job applicants’ predispositions, behavior, attitudes, intelligence, abilities, and aptitudes for purposes of recruiting and hiring assessments and decisions. For independent contractors, based on analysis of the personal information collected, we may develop inferences regarding your interest and preferences regarding our products and services. Based on analysis of your activity on the Website, we may develop inferences regarding your interest and preferences regarding our products and services. Based on your interactions with AutoNation outside of this website including any prior transactions in which you purchased products or services or expressed an interest in any of our products or services, we may develop inferences regarding your preferences and potential for purchasing additional products or services in the future. | G, H, I | Not Sold or Shared | For job applicants, if hired, this data will be retained for duration of employment plus 5 years. If not hired, it will be retained for 4 years from when position is filled or the date we receive your information, whichever is longer. Otherwise, duration of our relationship with you plus 7 years. |
Online Portal and Mobile App Access and Usage Information | Username and password, account history, usage history, file access logs, and security clearance level. | N | Not Sold or Shared | 2 years |
Visual, Audio or Video Recordings | Your image when recorded or captured in surveillance camera footage or pictures of you taken on our premises or at our functions and events or that you share with us; pictures or video of you posted on social media to which AutoNation has access or that are submitted to AutoNation by a third party; voice recordings of customer calls recorded for training or quality assurance purposes. | H, N | Not Sold or Shared | Surveillance video: 45-90 days. All other data in this category: for independent contractors, contract term plus 4 years; otherwise, 7 years from date created or recorded, unless in use for lawful or consented purposes. |
Pre-Hire Information (For Job Applicants) / Pre-Contract Information (For Independent Contractors) | Information provided in your job application or resume, information you provided in your portfolio or proposal for services, information gathered as part of background screening and reference checks, pre-hire drug test results, information recorded in job interview notes by persons conducting job interviews for AutoNation, information contained in candidate evaluation records and assessments, information gathered as part of vendor evaluation and reference checks and other assessments of your qualifications to provide services to the Company, information in work product samples you provided, voluntary disclosures by you, and Wage Opportunity Tax Credit (WOTC) information. | B, K, L, M, O | Not Sold or Shared | For job applicants, if hired, this data will be retained for duration of employment plus 5 years. If not hired, it will be retained for 4 years from when position is filled or the date we receive your information, whichever is longer. For independent contractors, contract term plus 7 years. |
Employment History | Information regarding prior job experience, positions held, and when permitted by applicable law your salary history or expectations. | B, K, L, M, O | Not Sold or Shared | If hired, this data will be retained for duration of employment plus 5 years. If not hired, it will be retained for 4 years from when position is filled or the date we receive your information, whichever is longer. |
Education Information | Information contained in your resume regarding educational history and information in transcripts or records of degrees and vocational certifications obtained. | B, K, L, M, O | Not Sold or Shared | If hired, this data will be retained for duration of employment plus 5 years. If not hired, it will be retained for 4 years from when position is filled or the date we receive your information, whichever is longer. |
Professional Related Information | Information contained in tax forms/1099 forms, safety records, licensing and certification records, and performance records, and information related to services provided by independent contractors, including information in statements of work. | B, C, D, L, O | Not Sold or Shared | For independent contractors, contract term plus 10 years. Otherwise, duration of our relationship with you plus 7 years. |
Facility & Systems Access Information | Information identifying you, if you accessed our secure facilities, systems, networks, computers, and equipment, and at what times, using keys, badges, fobs, login credentials, or other security access method. (Facility & Systems Access Information is not collected from persons in the context of acting as job applicants.) | N | Not Sold or Shared | 2 years |
Medical and Health Information | Information related to symptoms, exposure, contact tracing, diagnosis, testing, or vaccination of COVID-19/Contagious Diseases as described below. (This category applies to independent contractors only.) | B, O, P | Not Sold or Shared | 2 years |
For California residents, of the above categories of Personal Information, the following are categories of Sensitive Personal Information we may collect from or about consumers, independent contractors, or applicants:
- 1. Personal Identifiers (social security number, driver’s license or state identification card number, passport number)
- 2. Account Information (your AutoNation account log-in, in combination with any required security or access code, password, or credentials allowing access to the account)
- 3. Protected Classifications (racial or ethnic origin, religious or philosophical beliefs, or sexual orientation)
- 4. Biometric Information (used for the purpose of uniquely identifying you)
- 5. Medical and Health Information
- 6. Geolocation Data (IP address and/or GPS location, latitude & longitude)
For California residents, personal information does not include:
- Publicly available information from government records.
- Information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer, independent contractor, or applicant, or from widely distributed media.
- Information made available by a person to whom the consumer, independent contractor, or applicant has disclosed the information if the consumer, independent contractor, or applicant has not restricted the information to a specific audience.
- Deidentified or aggregated information.
We may collect your personal information from the following sources:
- You the consumer, independent contractor, or job applicant, when you visit the website and voluntarily submit information through forms on the website or social media, when you visit any of our stores or physical locations, when you purchase or inquire about any of our products or services, when you utilize the Live Chat feature on the website, when you enter into a contract to perform services for us, or when you apply for a position of employment
- Our employees and contractors, when you interact with them
- Other customers and visitors, when you interact with them or when they observe you
- We utilize cookies to automatically collect information about our website visitors
- Surveillance cameras at our physical locations
- Lead generators and referral sources
- Credit and consumer reporting agencies / background screening companies
- Recruiters
- Social media platforms
- Personal references and former employers
- AutoNation-issued computers, electronic devices, and vehicles
- AutoNation systems, networks, software applications, and databases you log into or use
We may disclose, sell, or share your personal information/data to/with the following categories of service providers, contractors, or third parties:
- Original equipment manufacturers (OEM) (suppliers and makers of the products and vehicles we sell or lease to our customers)
- Government agencies
- Consumer reporting agencies or credit reporting agencies
- Financial institutions
- Transaction support vendors (e.g., check guaranty, payment processors)
- Lead generators, lead providers, and referral sources
- Promotional or other fulfilment vendors
- Marketing support vendors and customer service support vendors, including communication providers, call center vendors, and vendors that support managing or hosting the website and the Chat function on the website
- Data analytics vendors
- Social media platforms
- Recruiting and staffing agencies
- Employee tracking and talent management systems
- Insurance carriers, administrators, and brokers
- Security and risk management vendors and consultants, including IT, cybersecurity, and privacy vendors and consultants
- Consulting and investigation firms, including human resources consultants, safety consultants, and workplace investigators
- Corporate customers (meaning an entity, as opposed to a natural person, that purchases, leases, or finances any of our products or services)
We may collect and process your personal information for the following business purposes:
- 1. To fulfill or meet the purpose for which you provided the information.
- 2. To process and submit financing applications, including to apply for credit, or credit pre-qualification. to permit a customer to test drive a vehicle.
- 3. For security, fraud protection and insurance purposes, a copy of the driver’s license is obtained to permit a customer to test drive a vehicle.
- 4. To process, complete, and maintain records on transactions.
- 5. To provide warranty coverage on products and services.
- 6. To retain your selection for Text opt in/opt out to ensure customers who opted out are not sent any text messages.
- 7. To provide and communicate recall notifications to customers.
- 8. To schedule, manage and keep track of customer appointments.
- 9. To complete appraisals.
- 10. To maintain records of when customers decline a service or sale.
- 11. To respond to consumer inquiries, including requests for information, customer support online, Live Chat on the website, phone calls, and in-store inquiries.
- 12. To provide interest-based and targeted advertising.
- 13. To improve user experience on our website.
- 14. To understand the demographics of our website visitors.
- 15. To detect security incidents.
- 16. To debug, identify, and repair errors that impair existing intended functionality of our website.
- 17. To protect against malicious or illegal activity and prosecute those responsible.
- 18. To verify and respond to consumer requests.
- 19. To prevent identity theft.
-
20. JOB APPLICANT PURPOSES:
a. To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to apply for a job with AutoNation, Inc. or an affiliated entity, we will use that Personal Information in connection with your candidacy for employment.b. To comply with local, state, and federal law and regulations requiring employers to maintain certain records.c. To evaluate, make, and communicate decisions regarding your job application and candidacy for employment.d. To obtain and verify background checks and references.e. To communicate with you regarding your candidacy for employment.f. To evaluate and improve our recruiting methods and strategiesg. To engage in corporate transactions requiring review or disclosure of job applicant records subject to non-disclosure agreements, such as for evaluating potential mergers and acquisitions.h. To evaluate, assess, and manage AutoNation’s business relationship with vendors, service providers, and contractors that provide services to AutoNation related to recruiting or processing of data from or about job applicants. . -
21. INDPENDENT CONTRACTOR PURPOSES:
a. To fulfill or meet the purpose for which you provided the information.b. To comply with state and federal law and regulations requiring businesses to maintain certain records (such as accident or safety records, and tax records/1099 forms).c. To engage the services of independent contractors and compensate them for services.d. To evaluate, make, and communicate decisions regarding an independent contractor, including decisions to enter into, renew and/or terminate the contract.e. To grant independent contractors access to our secure facilities, systems, networks, computers, and equipment, and maintain information on who accessed such facilities, systems, networks, computers, and equipment, and what they did therein or thereon.f. To engage in lawful monitoring of independent contractor activities and communications when they are on AutoNation premises, or utilizing our internet and WiFi connections, computers, networks, devices, software applications or systems.g. To implement, monitor, and manage electronic security measures on independent contractor devices that are used to access our networks and systems.i. To maintain commercial insurance policies and coverages.j. To provide services to corporate customers who may request certain pieces of information about an independent contractor (such as name and phone number) to permit the independent contractor access or security clearance to their facility in advance of the independent contractor being dispatched to provide services at the customer’s facility.k. To evaluate, assess, and manage our business relationship with vendors, service providers, and contractors that provide services to us.l. To improve user experience on our computers, networks, devices, software applications or systems, and to debug, identify, and repair errors that impair existing intended functionality of our systems.m. To detect security incidents involving potentially unauthorized access to and/or disclosure of Personal Information or other confidential information, including proprietary or trade secret information and third-party information that AutoNation receives under conditions of confidentiality or subject to privacy rights.n. To protect against malicious or illegal activity and prosecute those responsible.o. To prevent identity theft.q. COVID-19/Contagious Disease Related Purposes:i. To reduce the risk of spreading infectious diseases in or through the workplace.iI. To protect employees, independent contractors and other consumers from exposure to COVID-19 and/or any other contagious disease which causes a pandemic (collectively, “COVID/Contagious Diseases”).iii. To comply with local, state, and federal law, regulations, ordinances, guidelines, and orders relating to COVID/Contagious Diseases, including applicable reporting requirements.iv. To facilitate and coordinate pandemic-related initiatives and activities (whether AutoNation-sponsored or through the U.S. Center for Disease Control and Prevention, other federal, state and local governmental authorities, and/or public and private entities or establishments, including vaccination initiatives).v. To identify potential symptoms linked to COVID-19/Contagious Diseases (including through temperature checks, antibody testing, or COVID- 19/Contagious Diseases questionnaire).vi. To permit contact tracing relating to any potential exposure.vii. To communicate with independent contractors and other consumers regarding potential exposure to COVID-19/Contagious Diseases and properly warn others who have had close contact with an infected or symptomatic individual so that they may take precautionary measures, help prevent further spread of the virus, and obtain treatment, if necessary.
We may disclose your personal information for any of the business purposes identified above.
We do NOT sell or share your personal information in exchange for monetary consideration. However, excluding job applicants and independent contractors, we may sell or share some of your information to third parties for other valuable consideration, as noted in the table above.
First, AutoNation shares data with the original equipment manufacturers (OEMs) for vehicles that the OEMs may use for purposes outside the services they provide to AutoNation, including for their own research and development, to directly market products and services to consumers, and to share the consumer’s data they get from AutoNation with other auto dealerships based on the consumer’s current residence / proximity to other dealerships and other data collected about the consumer’s interests.
Second, AutoNation also allows IP addresses and other cookie-related data to be collected in an automated manner and managed by our marketing vendors in order to provide you with targeted ads based on what you appear to be interested in as a result of your activity online, both on our website and elsewhere.
Third, if you were referred to AutoNation by a lead generator (such as Costco) that you visited or to which you provided your information or expressed interest in particular products or services, and if we happen to have a contract for that lead generator to provide us with leads and referrals that resulted in you being referred to us, our contract with that party may require us to then report to them whether you ended up conducting business with AutoNation and the type of transaction.
Fourth, if you use Live Chat on our website, a recording of the chat communications and chat information will be made available to Active Engage, which powers the chat function. Active Engage may provide information in the chat to vehicle manufacturers and/or their affiliated entities, distributors, agents, and contractors.
We may sell or share your personal information for the following business or commercial purposes:
- 1.To fulfill contractual obligations with OEMs and our Live Chat support vendor.
- 2. To receive additional leads and referrals with OEMs and to maintain relationships with referral sources, including OEMs.
- 3. To support joint-marketing efforts with OEMs and third parties that provide products and services of interest to our customers.
- 4. To provide interest-based and targeted advertising.
Other than these four exceptions, we do not and will not disclose your personal information to any third party in exchange for monetary or other valuable consideration or share your personal information for cross-context behavioral advertising.
However, if you are selected for employment with AutoNation, Inc. or any affiliated entity, we may provide some of your information to OEMs for vehicles for other valuable consideration. We share employee data with OEMs for purposes relating to the employee’s employment, specifically to remain competitive in offering a variety of special discounts and benefits to employees, to market products and services to employees, and to comply with any OEM contractual obligations. The OEMs may use this data for purposes outside the services they provide to AutoNation, including for their own research and development, and to directly market products and services to employees, including offerings which may contain special deals, rebates and/or discounts for employees. If you are selected for employment, you shall be provided with an updated privacy notice.
Notice of Right of California Residents to Opt-Out of the Selling and Sharing of Your Information
While we do not sell or share your personal information in exchange for money, we may sell or share your personal information (excluding applicants and independent contractors) for other valuable consideration. You have the right to tell us NOT to sell or share your personal information. You have the full and free right to opt-out of our disclosure of your personal information to any third parties where the disclosure constitutes “selling” or “sharing” as defined by the California Privacy Rights Act. You may exercise your right to opt-out without fear of discrimination for doing so. To opt-out of our selling or sharing of your information, meaning, we will not disclose your information to third parties for any monetary or other valuable consideration, you can do any of the following:
- Click HERE to be taken to an online opt-out submission form
- Visit AutoNation’s website at: https://www.autonation.com/. Click on “Do Not Sell My Personal Information” to be taken to an online submission form.
- Visit any AutoNation dealership in California to request a paper opt-out submission form.
- You can use a Global Privacy Controls (GPC) signal. We will process opt-out preferences from GPC signals, which are in formats commonly used and recognized by businesses, such as an HTTP field header, as requests to opt-out of sale or sharing. The GPC signal opt-out will only apply to the browser you are using on your device; it will not apply to other browsers and/or devices to which GPCs are not activated or to offline sales.
- If you are unable to submit an opt-out through any of the above methods, please call our toll-free privacy line at (866) 619-CCPA (2272) for assistance and a representative will assist in meeting your needs.
You can have an authorized agent submit a request on your behalf. To submit an opt-out through use of an authorized agent, you must provide that agent with written permission signed by you to submit an opt-out on your behalf, except when using an opt-out preference signal. The authorized agent may call our toll-free privacy line at (866) 619-CCPA (2272) to make the opt-out request and for directions for submitting the proof of authorization and the authorized agent’s proof of identification to us. We maintain the right to deny any request from an authorized agent that does not submit sufficient proof that they have been authorized by you to act on your behalf.
A request to opt-out need not be a verifiable consumer request. However, we may deny a request to opt-out if we have a good faith, reasonable, and documented belief that a request to opt-out is fraudulent. If we deny your request to opt-out, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.
Opt-Out Preference Signals
Opt-out preference signals provide consumers with a simple and easy-to-use method by which to exercise the right to opt-out of the selling and sharing of their information. Global Privacy Controls (GPC) is a user-enabled opt-out preference signal which can communicate a user’s “Do Not Sell or Share” request on behalf of the person or device. We will process opt-out preferences from GPC signals which are in formats commonly used and recognized by businesses, such as an HTTP field header. We will treat a consumer’s use of GPCs as a valid request to opt-out of the selling and sharing of information for that browser. We currently do not connect browser use to particular consumers and, as such, you will need to use GPCs on all browsers in which you access our website and use our opt-out form to opt-out of offline sales.
Do Not Track (DNT) is a privacy preference that users can set if they do not want web services to collect information about their online activity. We do not respond to DNT signals or other mechanisms (with the exception of GPCs) that provide a choice regarding the collection of personal information about activities over time and across different websites or online services. We encourage users who have DNTs to use GPCs.
If you are not a job applicant or independent contractor, we do and will use or disclose your sensitive personal information for purposes other than the following:
- 1. To perform the services reasonably expected by an average consumer who requests those services.
- 2. To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information.
- 3. To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions.
- 4. To ensure the physical safety of natural persons.
- 5. For short-term, transient use.
- 6. To perform services on our behalf.
- 7. To verify or maintain the quality or safety of a product, service or device that is owned, manufactured, manufactured for, or controlled by AutoNation, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by AutoNation.
- 8. For purposes that do not involve inferring characteristics about the consumers, contractors, and applicants.
Notice of Rights of California Residents to Limit the Use of Your Sensitive Personal Information
As provided by the California Privacy Rights Act, you have the right to limit our use or disclosure of your sensitive personal information to uses that are necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those services or goods. You have the full and free right to limit our use or disclosure of your sensitive personal information as defined by the California Privacy Rights Act. You may exercise your right to limit without fear of discrimination for doing so. To limit the use or disclosure of your sensitive personal information, you can do any of the following:
- Click HERE to be taken to an online opt-out submission form
- Visit AutoNation’s website at: https://www.autonation.com/. Click on “Do Not Sell My Personal Information” to be taken to an online submission form.
- Visit any AutoNation dealership in California to request a paper opt-out submission form.
- You can use a Global Privacy Controls (GPC) signal. We will process opt-out preferences from GPC signals, which are in formats commonly used and recognized by businesses, such as an HTTP field header, as requests to opt-out of sale or sharing. The GPC signal opt-out will only apply to the browser you are using on your device; it will not apply to other browsers and/or devices to which GPCs are not activated or to offline sales.
- If you are unable to submit an opt-out through any of the above methods, please call our toll-free privacy line at (866) 619-CCPA (2272) for assistance and a representative will assist in meeting your needs.
You can have an authorized agent submit a request to limit on your behalf. To submit a request to limit through use of an authorized agent you must provide that agent with written permission signed by you to submit an opt-out on your behalf. The authorized agent may call our toll-free privacy line at (866) 619-CCPA (2272) to make the request to limit and for directions for submitting the proof of authorization and the authorized agent’s proof of identification to us. We maintain the right to deny any request from an authorized agent that does not submit sufficient proof that they have been authorized by you to act on your behalf.
A request to limit need not be a verifiable request. However, we may deny a request to limit if we have a good faith, reasonable, and documented belief that a request to limit is fraudulent. If we deny your request to limit, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.
Notice of Rights of Virginia Residents Regarding Processing of Sensitive Data and Right to Opt Out of the Sale of Personal Data, Processing of Personal Data for Targeted Advertising, and Profiling in Furtherance of Decisions that Produce Legal or Similarly Significant Effects
As provided by the Virginia Consumer Data Protection Act (“VCDPA”), we do not process your sensitive data without obtaining your consent. We do not process sensitive data concerning a known child without processing such data in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.). Additionally, you have the right to opt out of the sale of your personal data to third parties, the use of your personal data for targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. You may exercise your right to opt out without fear of discrimination for doing so. To exercise your right to opt out of the sale of your personal data, the use of your personal data for targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, you can do any of the following:
- Click HERE to be taken to an online opt-out submission form
- Visit any AutoNation dealership in Virginia to request a paper submission form.
- If you are unable to submit a request to limit through any of the above methods, please call our toll-free privacy line at (866) 619-CCPA (2272) for assistance and a representative will assist in meeting your needs.
A request to opt out must be a verifiable request. We may deny a request to opt out if we are unable to authenticate the request through commercially reasonable efforts, or we may ask for additional information that is reasonably necessary to authenticate the request. This request to opt out does not apply to Virginia job applicants or independent contractors.
Retention of Personal Information
We will retain each category of personal information in accordance with our established data retention schedule as indicated above. In deciding how long to retain each category of personal information that we collect, we consider many criteria, including, but not limited to: the business purposes for which the Personal Information was collected; relevant federal, state and local recordkeeping laws; applicable statutes of limitations for claims to which the information may be relevant; legal preservation of evidence obligations; and administrative considerations.
3. Third-party vendors
We may use other companies and individuals to perform certain functions on our behalf. Examples include administering e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Subscribers or site visitors will never receive unsolicited e-mail messages from vendors working on our behalf.
4. Business transfers
In the event we sell or transfer a particular portion of its business assets, information of consumers, contractors and applicants may be one of the business assets transferred as part of the transaction. If substantially all of our assets are acquired, information of consumers, contractors and applicants may be transferred as part of the acquisition.
5. Compliance with law/safety
We may disclose specific personal and/or sensitive personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect our employees or the public.
6. Use of cookies and other tracking technologies
Cookies are small files that a website may transfer to a user’s computer that reside there for either the duration of the browsing session (session cookies) or on a permanent (until deleted) basis (persistent cookies) that may be used to identify a user, a user’s machine, or a user’s behavior. We make use of cookies under the following circumstances and for the following reasons:
- Provide you with services available through the website and to enable you to use some of its features
- Authenticate users and prevent fraudulent use of user accounts
- Identify if users have accepted the use of cookies on the website
- Compile data about website traffic and how users use the website to offer a better website experience
- Understand and save visitor preferences for future visits, such as remembering your login details or language preference, to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website
- Track your browsing habits to enable us to show advertising which is more likely to be of interest to you, including advertising by third parties on our website
You may delete cookies from your web browser at any time or block cookies on your equipment, but this may affect the functioning of or even block the Website. You can prevent saving of cookies (disable and delete them) by changing your browser settings accordingly at any time. It is possible that some functions wll not be available on our Website when use of cookies is deactivated. Check the settings of your browser. Below you can find some guidance:
Global Privacy Controls (GPC) is a user-enabled privacy preference which can communicate a user’s “do not sell” request on behalf of the person or device. AutoNation will process opt-out preferences from GPC signals which are in formats commonly used and recognized by businesses, such as an HTTP field header.
Do Not Track (DNT) is a privacy preference that users can set if they do not want web services to collect information about their online activity. It is an older proposed standard than a GPC. AutoNation does not respond to DNT signals or other mechanisms (with the exception of GPCs) that provide a choice regarding the collection of personal information about activities over time and across different websites or online services, and we encourage users who have DNTs to use GPCs.
7. External links
Our website contain links to other sites. We are not responsible for the privacy practices or the content of such websites. To help ensure the protection of your privacy, we recommend that you review the Privacy Policy of any site you visit via a link from our website.
8. Passwords
The personal data record created through your registration with our website can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties.
9. Children under the age of 16
Our website is not intended for children under 16 years of age. No one under age 16 may provide any personal information on the website. We do not knowingly collect, sell or share any personal information of children under 16. If you are under 16, do not use or provide any information on our website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address below.
10. How we protect the information that we collect
The protection of the information that we collect about visitors to this website is of the utmost importance to us and we take every reasonable measure to ensure that protection, including:
- We keep automatically collected data and voluntarily collected data separate at all times.
- We use internal encryption on all data stores that house voluntarily captured data.
- We use commercially reasonable tools and techniques to protect against unauthorized access to our systems.
- We restrict access to private information to those who need such access in the course of their duties for us.
11. International Visitors
We do not target, market to, or offer our products or services to consumers outside of the United States. You agree not to submit your personally identifiable information through the website if you reside outside the United States.
12. Rights Under the CCPA, CPRA, and VCDPA
This section of the Privacy Policy applies only to: (1) California residents who are natural persons; and (2) Virginia residents who are natural persons acting in an individual or household context. If you are a California resident, you have the following rights pursuant to the California Consumer Privacy (CCPA) as amended by the California Privacy Rights Act (CPRA). If you are a Virginia resident acting in an individual or household context, you have the following rights under the Virginia Consumer Data Protection Act (VCDPA):
- 1. CCPA/CPRA Right to Know. For California residents, the right to request, up to 2 times in a 12-month period, that we identify to you (1) the categories of personal information we have collected about you going back to January 1, 2022, unless doing so would be impossible or involve disproportionate effort, or unless you request a specific time period, (2) the categories of sources from which the personal information was collected, (3) the business or commercial purpose for collecting, selling, or sharing this information, (4) the categories of third parties with whom we share or have shared your personal information, (5) as applicable, the categories of personal information that we have sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared, and (6) the categories of personal information that we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose;
- 2. VCDPA Right to Know. For Virginia residents, the right to request, up to 2 times annually, confirmation of whether or not we are processing your personal data.
- 3. CCPA/CPRA Right to Access For California residents, the right to request, up to 2 times in a 12-month period, that we disclose to you, free of charge, the specific pieces of personal information we have collected about you going back to January 1, 2022, unless doing so would be impossible or involve disproportionate effort, or unless you request a specific time period;
- 4. VCDPA Right to Access. For Virginia residents, the right to request, up to 2 times annually, that we disclose to you, free of charge, the specific pieces of personal data we are processing about you;
- 5. Right to Delete The right to request, up to 2 times in a 12-month period, that we delete personal information that we collected from you, subject to certain exceptions;
- 6. Right to Correct The right to request that we correct inaccurate personal information (to the extent such an inaccuracy exists) that we maintain about you;
- 7. CCPA/CPRA Right to Opt-Out For California residents, the right to opt-out of the selling or sharing of your personal information to third parties (as applicable);
- 8. VCDPA Right to Opt-Out For Virginia residents, the right to opt-out of the processing of personal data for purposes of: (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
- 9. CCPA/CPRA Right to Limit For California residents, the right to limit the use or disclosure of your sensitive personal information; we maintain about you;
- 10. 10. For California residents, the right to designate an authorized agent to submit one of the above requests on your behalf. See below for how you can designate an authorized agent
- 11. The right to not be discriminated or retaliated against for exercising any of the above rights, including for California residents an applicant’s and independent contractor’s right not to be retaliated against for exercising the above rights.
You can submit any of the above types of consumer requests through any of the 3 options below:
- 1. Submit an online request on our website at https://www.autonation.com/CCPA_DSAR
- 2. Call our privacy toll-free line at (866) 619-CCPA (2272)
- 3. For consumers who are not job applicants or independent contractors, complete a paper form, which can be requested at the Front Desk of each of our California or Virginia dealerships. The form may also be requested when calling the phone number above.
PROCEDURE TO APPEAL REFUSAL TO TAKE ACTION ON REQUESTS UNDER THE VCDPA:
For Virginia residents, under the VCDPA, if your requests are manifestly unfounded, excessive, or repetitive, we may charge you a reasonable fee to cover the administrative costs of complying with your requests, or we may decline to act on the request.
You may appeal our refusal to take action on a request within 30 calendar days after your receipt of our decision. In order to submit an appeal, you may call our privacy toll-free line at (866) 619-CCPA (2272) to request an appeal form, which must be returned within 30 calendar days of your receipt of our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with a method through which you may contact the Virginia Attorney General to submit a complaint. (This appeal process does not apply to Virginia job applicants or independent contractors.)
Gramm-Leach-Bliley Act Exemption
Portions of our services are subject to the Gramm-Leach-Bliley Act. When we are extending credit, or providing financial advice or counseling, those activities are covered by the Gramm-Leach-Bliley Act. The CCPA and VCDPA do not apply to personal information to the extent that we collect, process, sell, or disclose it subject to the Gramm-Leach-Bliley Act. Therefore, certain rights under the CCPA or VCDPA may be limited to the extent such requests to exercise CCPA or VCDPA rights relate to the collection, processing, selling, or disclosure of personal information in connection with financial activities covered by the Gramm-Leach-Bliley Act.
How we will verify that it is really you submitting the request:
If you are a California resident, when you submit a Right to Know, Right to Access, Right to Delete, or Right to Correct request through one of the methods provided above, we will ask you to provide some information in order to verify your identity and respond to your request. Specifically, we will ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with us.
Responding to your Right to Know, Right to Access, and Right to Delete requests
For California residents, upon receiving a verifiable request, we will confirm receipt of the request no later than 10 business days after receiving it. We endeavor to
respond to a verifiable request within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days, or 90 calendar days
total from the date we receive your request), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or
electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
For Virginia residents, we endeavor to respond to a verifiable request within forty-five (45) calendar days of its receipt. If we require more time (up to 45
additional days), we will inform you of the reason and extension period within the initial 45-day period after receipt of your request.
For California residents, we do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we
determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
For Virginia residents, we do not charge a fee for up to 2 requests annually, unless the requests are manifestly unfounded, excessive, or repetitive, in which case
we may charge you a reasonable fee to cover the administrative costs of complying with the requests, or we may decline to act on the request.
For a request to correct inaccurate personal information, we will accept, review, and consider any documentation that you provide, and we may require that you
provide documentation to rebut our own documentation that the personal information is accurate. You should make a good-faith effort to provide us with all
necessarily information at the time that you make the request to correct. We may deny a request to correct if we have a good-faith, reasonable, and documented
belief that a request to correct is fraudulent or abusive. If we deny your request to correct, we shall inform you of our decision not to comply and provide an
explanation as to why we believe the request is fraudulent.
Responding to a California Resident’s Request to Opt-Out of the Selling or Sharing of Your Personal Information
We will act upon a consumer request from a California resident to opt-out within fifteen (15) days of its receipt. We will notify all third parties to whom we have
sold or shared personal information of your request and instruct them to comply with the request within the same time frame. We will notify you when this has
been completed by mail or electronically, at your option.
A request to opt-out by a California resident need not be a verifiable consumer request. However, we may deny a request to opt-out if we have a good faith,
reasonable, and documented belief that a request to opt-out is fraudulent. If we deny your request to opt-out, we shall inform you of our decision not to comply
and provide an explanation as to why we believe the request is fraudulent.
Responding to a California Resident’s Request to Limit the Use of Sensitive Personal Information
For California residents, we will act upon a request to limit the use of sensitive personal information within fifteen (15) business days of its receipt. We will notify all
third parties that use or disclose sensitive personal information of your request to limit and instruct them to comply with the request within the same time frame.
We will notify you when this has been completed by mail or electronically, at your option.
For California residents, a request to limit need not be a verifiable request. However, we may deny a request to limit if we have a good faith, reasonable, and
documented belief that a request to limit is fraudulent. If we deny your request to limit, we shall inform you of our decision not to comply and provide an
explanation as to why we believe the request is fraudulent.
If You Have an Authorized Agent:
If you are a California resident, you can authorize someone else as an authorized agent who can submit a request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized power of attorney or (b) provide other written, signed authorization that we can then verify. When we receive a request submitted on your behalf by an authorized agent who does not have a power of attorney, that person will be asked to provide written proof that they have your permission to act on your behalf, and we will also contact you and ask you for information to verify your own identity directly with us and not through your authorized agent. We may deny a request from an authorized agent if the agent does not provide your signed permission demonstrating that they have been authorized by you to act on your behalf.
If You Have an Authorized Agent:
The California Civil Code permits California Residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an email [email protected], or write to us at the address listed below. Please mention that you are making a “California Shine the Light” inquiry.
13. Consent to Terms and Conditions
By using this website, you consent to all terms and conditions expressed in this Privacy Policy.
14. Changes to Our Privacy Policy
As our services evolve and we perceive the need or desirability of using information collected in other ways, we may from time to time amend this Privacy Policy. We encourage you to check our website frequently to see the current Privacy Policy in effect and any changes that may have been made to them. If we make material changes to this Privacy Policy, we will post the revised Privacy Policy and the revised effective date on this website. Please check back here periodically or contact us at the address listed at the end of this Privacy Policy.
15. Consumers With Disabilities
This policy is in a form that is accessible to consumers with disabilities.
16. Questions About the Policy
This website is owned and operated by AutoNation. If you have any questions about this privacy policy,
please contact us at [email protected]
or call (866)
619-CCPA (2272).
**This policy was last updated March 6, 2023.
In this article
1. Our Commitment to Accessibility
AutoNation is committed to ensuring that individuals with disabilities enjoy full access to our website. In recognition of this commitment, we are in the process of making modifications to improve the accessibility and usability of this website, using the applicable portions of the Web Content Accessibility Guidelines (WCAG) as our standard. Our efforts are ongoing.
2. Feedback
We welcome your feedback on the accessibility of this AutoNation website.
Please let us know if you encounter accessibility barriers on this website
so that we may work to resolve those issues promptly. Contact information follows:
Phone: (954) 769-3375
Email: [email protected]
Address: 200 S.W. 1st Ave., Suite 1500 Fort Lauderdale, FL 33301
In this article
- 1. Introductions and Definitions
- 2. Accessing and Using the Services
- 3. Prohibited Uses
- 4. Intellectual Property Ownership and Proprietary Rights
- 5. Electronic Communications
- 6. Disclaimer of Warranties
- 7. Privacy Policy
- 8. Minors
- 9. Incentives Offered by Manufacturers
- 10. Third Party Content and Links to Third Party Websites
- 11. Legal Disputes and Choice of Law
- 12. Indemnification
- 13. Reservation of Rights
- 14. Limitation of Liability
- 15. Required California Disclosure: CA Supply Chain Transparency
- 16. Procedure for Alleging Copyright Infringement
- 17. Dispute Resolution; Arbitration Agreement and Class Action Waiver
- 18. Contact Us
1. Introductions and Definitions
Welcome to our website! We have created this site with you, the customer, in mind. Our website contains many useful features and information to assist you in your vehicle search and purchase. We do have rules though, and we want you to understand the rules so we can each set our expectations. Please take a few moments to review this information carefully. The Terms of Use along with our Privacy Policy explain how we provide the Services, collect, hold, and process your information, and govern your access to and use of the Services, including any content, functionality and services offered on or through the Website. Your use of this website is subject to these Terms of Use and you agree that you have read, understand and will comply with them as a condition to your use of the website If you do not want to agree to these Terms of Use or the Privacy Policy, you may not use the Services.
These terms and conditions, along with any documents incorporated by reference (collectively, "Terms of Use") govern your use of and access to the Services, including the AutoNation website and any related account and servicing portal(s) (the "Website"). In these Terms of Use, the following terms have specified meanings:
- "We," "us," "our," and "AutoNation" means AutoNation, Inc., and/or its current or future affiliates and subsidiaries and their respective officers, employees and other representatives.
- "You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any product, service, or account that you download, request, administer, use, or access from or with us.
- "Services" refers to any product or service made available through or by Us.
PLEASE NOTE THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 17 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY INDIVIDUAL ARBITRATION IF YOU OR WE ELECT, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION. YOU CAN OPT OUT OF THIS, AS SPECIFIED IN SECTION 17.
2. Accessing and Using the Services
a. We designed our Website with the intent of providing the auto industry’s best customer experience. This includes providing you with updated information. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, while some photographs of automobiles found on the Website are photographs of the actual vehicles their color and general appearance may appear differently based on your monitor and color settings. In addition, at times only stock photos of the vehicles are available. We reserve the right to correct any pricing errors or an incorrect statement of accessories on a particular vehicle, change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.
b. To access certain portions of the Website and Services, You may be asked to provide certain details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of the Website and Services that all the information You provide is correct, current and complete. You agree to update your contact information with us, including your email address, through the account settings on the Website, or in any other manner as we may reasonably require. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to protect your username and password. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with the Website and Services. You must notify Us immediately if you suspect fraudulent activity on your account, or the Services.
c. These Terms of Use will be in effect from the date You agree, and at all times while you are accessing the Services. Either you or we can terminate these Terms of Use at any time and without notice, though certain terms and obligations (as described in certain sections) may survive the termination of the Terms of Use.
d. Our Services may not be available in all states.
3. Prohibited Uses
a. You may use the Website and the Services only in accordance with these Terms of Use, and any other agreements between you and Us. You agree not to use the Website or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Services, or which, as determined by us, may harm Us or users of the Website or the Services or expose them to liability.
b. Additionally, you agree not to use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the Services, including their ability to engage in real time activities through the Website or the Services; use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website or the Services; use any manual process to monitor or copy any of the material on the Website or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer database connected to the Website or the Services; and otherwise attempt to interfere with the proper working of the Website or the Services. Should you use the Website or the Services to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the Website and the Services.
c. You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Website or Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Website or the Services to circumvent or exceed account limitations or requirements; (iii) use the Website or the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Website or the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Website or the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Website or the Services.
d. In the event you violate or attempt to violate any part of these Terms of Use, we reserve the right to terminate your access to the Website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.
4. Intellectual Property Ownership and Proprietary Rights
All information contained in this website, unless otherwise stated, is owned solely and exclusively by AutoNation and intended for personal and consumer use only. You acknowledge and agree that all contents and materials available on this website are the property of AutoNation or its third party licensors and is protected by copyright, trademark, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, We have not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial, analytical, or research purposes) without the express written consent of AutoNation; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other "hidden text" utilizing AutoNation 's name or trademarks. Any activity that unduly burdens the system or AutoNation resources, such as submitting multiple trade appraisal inquiries for the same vehicle, submitting multiple inquiries for different vehicles or other activity that is inconsistent with the stated use, spirit and purpose of the AutoNation website and trade appraisal service, is strictly prohibited. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.
If you are utilizing trade appraisal tools you acknowledge that trade appraisals that are generated using our trade appraisal tool are solely and exclusively for individuals seeking to sell vehicles to Us that they personally own, and cannot be used by third parties to generate data or gather information such as for the purpose of developing a competing trade appraisal service, making an offer directly to a consumer or for such person or entity to act as an intermediary for any third party or individual seeking to sell their vehicle. Trade appraisals generated by the website cannot be modified by any third party or individual.
You must not modify copies of any materials from or related to the Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from or related to the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us.
This website contains several names, logos and marks, including but not limited to, the AutoNation name and Wayfinder logo, which are registered trademarks or service marks of AutoNation. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. INFORMATION ON COPYRIGHT INFRINGEMENT.
5. Electronic Communications
a. By using the Website and/or the Services, you acknowledge and agree that you are contracting with Us electronically, and that we may provide you with any
and all notices and disclosures in electronic format (e.g., via email or Website). Any notice, disclosure, agreement, acknowledgement, form, consent, statement,
policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a
"Communication") will be provided in electronic form and will be provided either: (1) via e-mail or text message, (2) via your account, or (3) via the Website. You
have the option to view, save, or print PDF versions of your account documents. You may download and store such Communications and agree that we may
make retention copies of Communications.
b. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, messaging via your
account, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to deliver messages relating to this Agreement, your
account, and your relationship with Us more generally (for example, messages about our other products and service offerings, upcoming payment due dates,
missed payments and returned payments), and as necessary to complete transactions requested by you and to service your account and as the law allows, even
if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or
telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls
regarding your account to ensure the quality of our service or for other reasons. By entering a mobile phone number, you certify that this is your number or that
you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should
safeguard the confidentiality of your devices. You understand that telephone messages may be played by a machine automatically when the telephone is
answered, whether answered by you or someone else and that these messages may also be recorded by your answering machine. You also authorize Us to
deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means to us. If any telephone number you
have provided to Us changes, or if you cease to be the owner, subscriber or primary user of any such telephone number, you agree to immediately give Us notice
of such facts so that we may update our records.
c. Your consent to autodialed and prerecorded calls and text messages is not a condition of purchase of any good or service from us. You may revoke your
consent to receive autodialed calls, text messages and/or calls that deliver a prerecorded or artificial voice message to your cellular telephone number by:
writing to us at: AutoNation, Attn: Legal Department, 200 SW 1st Ave, Suite 1400 Ft. Lauderdale, FI 33301; emailing us at: [email protected] ; or, for text
messages only, by replying to any text message that the we send to you with only the word “STOP.”
d. We do not charge a fee to receive messages. Message & data rates may apply– this can be checked with your mobile service provider. Charges are billed and
payable to your mobile service provider or deducted from your prepaid account.
e. Data obtained from you in connection with this MMS/SMS service may include your cell phone number, your carrier’s name and the date, time and content of
your messages. We may use this information to contact you and to provide the services you request from us. Those communications include but are not limited
to communications on matters such as vehicle safety, recalls, our services, sales and promotional offers, or any other communications from Us. Alerts sent via
MMS/SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time.
Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer’s equipment, terrain,
proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be held liable for delayed or
undelivered messages. We will not be liable for any delays in the receipt of any MMS/SMS messages as delivery is subject to effective transmission from your
network operator.
f. We may communicate with you at the phone number you provide (or any device connected to it) by way of calls, messages, emails, texts, voicemails, or any
other type of communication receivable on my device. We can use live operators, automated telephone dialing systems, prerecorded voice messages, or any
other technologies to communicate with you at that number. Your consent to use of automated dialing systems or technologies to make vehicle related sales
and service calls is not a condition of purchase and you may opt-out at any time. For information on data collection and use, or how to opt out, please read our
full corporate Privacy Policy .
g. You acknowledge and agree that We may receive, save, monitor and/or record any communications, including e-mails, text messages, written chats and
telephone calls between you and Us.
h. The service is available on these US carriers only: Verizon Wireless, Sprint, Nextel , Boost, T-Mobile®, AT&T, Alltel, ACS Wireless, Bluegrass Cellular, Carolina
West Wireless, CellCom, Cellular One of East Central Illinois (ECIT), Cincinnati Bell, Cricket, C-Spire Wireless, Duet IP (AKA Max/Benton/Albandy), Element Mobile,
Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular (IVC), Inland Cellular, iWireless,
Keystone Wireless (Immix/PC Management), MetroPCS, MobiPCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle
Telecommunications, Pioneer, Plateau, Revol Wireless, Rina-Custer, Rina-All West, Rina- Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina-Farmers
Mutual Telephone Co, Rina-Nucla Nutria Telephone Co, Rina- Silver Star, Rina- South Central Comm, Rina- Syringa, Rina- UBET, Rina- Manti, Simmetry, South
Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, West Central Wireless (includes Five
Star Wireless).
i. You can unsubscribe from this service at any time by texting ‘STOP’ to 26227
j. If you have any questions, text HELP to 26227 or contact Us at (877) 253-4239
6. Disclaimer of Warranties
a. You understand that we cannot and do not guarantee or warrant that the Website or Services will be free of viruses or other destructive code.
b. YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS. . YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS
FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY
RECONSTRUCTION OF ANY LOST DATA. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, TITLE, AND ANY
WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS,
LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE
INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR
LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Privacy Policy
We are committed to protecting your privacy. All information you submit to Us through the Website or when using the Services is governed by our Privacy Policy and remains our property. We may use any information you submit for any purpose we deem appropriate in accordance with applicable law and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you only to our employees who need to know the information to respond to your request or inquiry.
8. Minors
In compliance with the Children’s Online Privacy Protection Act and other applicable laws relating to minors, we do not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors as defined by applicable law. If we determine that a user is a minor under the applicable law and has submitted information by way of our Website without parental or legal guardian’s consent, we will immediately delete such information.
9. Incentives Offered by Manufacturers
Rebates and other incentives provided by vehicle manufacturers or their respective captive financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please always contact Us for details on available incentives.
10. Third Party Content and Links to Third Party Websites
a. We do not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third party through the
Website. If you use any product or service offered by a third party in conjunction with the Website, you acknowledge and agree that (i) you are responsible for
understanding the terms and conditions of your use of the third party product or service; (ii) we do not control the third party or its product or service; (iii) your
use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or
omissions, of the third party. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and
consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential.
b. If the Website contains links to or accepts links from other sites and resources provided by third parties, these are provided for your convenience only. This
includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third party
resources, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of use for such websites. Any concerns regarding any
such service or resource or any link thereto should be directed to the particular outside service or resource. The inclusion of any link does not imply
endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.
11. Legal Disputes and Choice of Law
If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of Florida will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this website you expressly agree and irrevocably submit to personal jurisdiction and exclusive venue in the state and federal courts located in the City of Ft. Lauderdale, Florida with respect to any non arbitrable claims, or in the event you opt out of arbitration as provided below.
12. Indemnification
To fullest extent permitted by law, you agree to defend, indemnify and hold harmless Us and our affiliates and licensors, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to, a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us, any fraud, manipulation, or other violation of these Terms of Use, your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights, or any use of the Website or Services, and its content and products, other than as expressly authorized in these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
13. Reservation of Rights
Any and all rights not expressly granted to you by these Terms of Use are hereby reserved by Us. The Website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing the Website, you represent and affirm that you meet these requirements. We reserve the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. We will provide you all notices as required by law in the event of such change. We encourage you to periodically review these Terms and Conditions for updates.
14. Limitation of Liability
IN NO EVENT WILL WE OR OUR LICENSORS, OR OUR EMPLOYEES, AGENTS, AFFILIATES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO THE WEBSITE OR SERVICES, OR ANY CONTENT ON ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Required California Disclosure: CA Supply Chain Transparency
AutoNation recognizes the serious nature of the crimes of human trafficking and slavery. AutoNation has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Through its Manufacturer Relations Department, AutoNation routinely meets with and engages representatives from the new vehicle manufacturer makes it represents. Among the important issues discussed with said representatives is the need to implement and maintain appropriate controls to ensure that these manufacturers avoid any issues of human trafficking and slavery in their manufacturing process. We have been assured by said manufacturer representatives that they have such controls in place. AutoNation is currently working on developing an appropriate and satisfactory protocol by which it can audit or, at a minimum, have said manufacturers re-certify on a regular basis, their continued adherence to and maintenance of, programs and policies designed to avoid any human trafficking or slavery in the manufacture of their vehicles and parts. With respect to the used vehicles sold by AutoNation, and all replacement parts acquired by AutoNation in its repair and reconditioning process that are purchased from other retailers, AutoNation believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.
16. Procedure for Alleging Copyright Infringement
1.DMCA Notice
AutoNation will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via this website, then you may send Us a written notice that includes all of the following:
- A legend or subject line that says: “DMCA Copyright Infringement Notice”; A description of the copyrighted work that you claim has been infringed or, If multiple copyrighted works are covered by a single notification, a representative list of such works.
- A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the website on which the material appears); your full name, address, telephone number, and e-mail address.
- 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.
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//“, which will serve as your electronic signature.
AutoNation will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:
By Mail:
AutoNation, Inc.
200 SW 1st Ave, Suite 1400
Ft. Lauderdale, FI 33301
Attn: Legal Department
By E-Mail:
[email protected]
By Facsimile:
(954) 769-6527
It is often difficult to determine if your copyright has been infringed. AutoNation may elect to not respond to DMCA Notices that do not substantially comply
with all of the foregoing requirements, and AutoNation may elect to remove allegedly infringing material that comes to its attention via notices that do not
substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a
DMCA Counter-Notification.
Without limiting AutoNation’s other rights, AutoNation may, in appropriate circumstances, terminate a repeat infringer’s access to this website and any other
website owned or operated by AutoNation.
2.DMCA Counter Notification
If access on the Website to a work that you submitted to AutoNation is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- A legend or subject line that says: “DMCA Counter-Notification”.
- A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the website from which the material was removed or access to it disabled).
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed).
- Your full name, address, telephone number, e-mail address, and the username of your account.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person.
- Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//“, which will serve as your electronic signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
17. Dispute Resolution; Arbitration Agreement and Class Action Waiver
This section constitutes the arbitration agreement between you and us ("Arbitration Agreement") and includes a jury trial waiver and a class action waiver.
This means that if a dispute is arbitrated, you are giving up your right to go to court to assert or defend your rights under these Terms of Service. You
are also giving up your right to bring or participate in a class action in court or in class-wide arbitration. This section governs disputes arising from or
related to these Terms of Use, your use of the Services, your access to and use of the Website and any transactions or relationships resulting from any of the
foregoing (the "Covered Disputes"). A dispute is generally any unresolved disagreement between or among you and us, and all such matters will be decided by
arbitration. The term Covered Disputes shall be broadly interpreted and includes initial claims, counterclaims, cross-claims and third-party claims, and disputes
based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity. However, any dispute
concerning the validity or enforceability of this Arbitration Agreement or the arbitrability of any claim or dispute is not a Covered Dispute and shall be for the
court, not an arbitrator, to decide; whereas, any dispute concerning these Terms of Service as a whole is for the arbitrator, not a court, to decide.
For purposes of this Arbitration Agreement, the terms "we," "us" and "our" also include our officers, directors, employees, agents, affiliates, successors, and
assigns.
a. Dispute Resolution Without Courts, Judges, or Juries. You and we agree that upon demand by either you or us, regardless of when they arose, any Covered
Disputes between you and us will be resolved by the arbitration process outlined in this section. This means:
- You and we are choosing arbitration rather than litigation to resolve disputes.
- You and we are each waiving the right to a jury trial or a trial before a judge in a public court (except for small claims court).
b. Binding Arbitration. Binding arbitration lets a neutral and independent third party (the "arbitrator") resolve a Covered Dispute instead of the court system, judges or juries. In the arbitration of a Covered Dispute, that neither you nor we will be entitled to:
- Join or combine Covered Disputes with those of others in any arbitration; or
- Serve as a representative or member of a class in any arbitration;
Moreover, the information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit. Other rights that the parties might have in court may not be available in arbitration.
c. Arbitration Procedures. Each arbitration, at the claimant's election, will be administered by and under the rules of the American Arbitration Association
("AAA"), https://www.adr.org. If AAA is unable to serve and the parties cannot agree on a substitute, a court with jurisdiction shall select the arbitrator. A single
arbitrator shall be appointed in accordance with the administrator's rules. The arbitrator must be a member of the state bar where the arbitration is held with
more than 10 years of experience or a retired judge and must have expertise in the substantive laws applicable to the subject matter of the Covered Dispute.
The arbitrator shall apply applicable substantive law in deciding the dispute. The arbitrator may award any relief available in court on an individual claim
consistent with the constitutional standards applicable in judicial proceedings. At the request of any party, the arbitrator shall write a brief explanation of the
basis of his or her award. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the
applicable rules up to $250, and we will pay or reimburse you for any additional initial filing fee or case management fee. We will pay the entirety of the filing
fees and/or case management fees if we demand arbitration first. We shall pay the arbitration costs and fees for the first day of arbitration, up to a maximum of
eight hours. The arbitrator shall decide who shall pay any additional costs and fees. You may ask the applicable arbitration administrator to reduce or waive
your fees, or ask us to voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim. We will always pay
any costs and fees required by applicable law or that are necessary to enforce this Arbitration Agreement.
Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim or dispute (i.e., the party seeking money damages or other
relief) is responsible for starting the arbitration proceeding. Thus, if you assert a claim against us in court, and we elect to arbitrate that claim by filing a motion
to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a
claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or
unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing
in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
You and we each acknowledge and agree that in this relationship:
- You and we are participating in transactions involving interstate commerce.
- Any and all claims, controversies, or disputes arising out of or related in any way to these Terms of Service, your use of the Services, your access to and use of the Website and any transactions or relationships resulting from any of the foregoing shall be subject to binding arbitration pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., at the election of you or us.
- THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
d. Small Claims Not Affected. Notwithstanding anything to the contrary in this section, this Arbitration Agreement does not affect your or our right to pursue
disputes in small claims court (or your state's equivalent court) in the state where you reside if the court has jurisdiction over the dispute and the dispute
remains in that court. However, if the dispute is transferred, removed or appealed to a different court, it shall be subject to arbitration.
e. Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending to us in writing your name and address, account
number (if any), and notice of your decision to opt out to [email protected] ; or to the following address: AutoNation, Attn: Legal Department 200 SW 1st
Ave, Suite 1400, Ft. Lauderdale, FI 33301, within 30 days of entering into these Terms of Service. If you send this notice, then this Arbitration Agreement will not
apply to either party, but the remaining parts of these Terms of Service will continue to apply. If you do not send this notice, then you agree to be bound by this
Arbitration Agreement.
f. Appeal. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA. However, if the amount of the dispute is more than
$25,000, any party will have 30 days to appeal the award by notifying the arbitration administrator and all parties in writing. The administrator will appoint a
three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be
entered in any court with jurisdiction. An arbitration award and any judgment confirming it cannot be used in any case or arbitration except to enforce the
award.
g. Severability. If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed from this Arbitration
Agreement and the remainder of the Arbitration Agreement will be given full force and effect, except that: (i) if any provision dealing with class action, class
arbitration, or consolidation is found to be illegal or unenforceable and all appeals from that ruling have been exhausted, then this entire Arbitration Agreement
(except for this sentence) will be severed and the remaining provisions of these Terms of Service shall be given full force and effect, and (ii) if a claim is brought
seeking public injunctive relief and a court determines that this Arbitration Agreement is unenforceable with respect to such claim and all appeals from that
ruling have been exhausted, the public injunctive relief claim will be severed and stayed in court until the completion of any individual arbitration of any claims
seeking monetary relief.
h. Miscellaneous.
You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. You can participate without
representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law.
Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. The arbitrator may award
reasonable expenses and attorneys' fees to the prevailing party if allowed by statute or applicable law.
The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgment on the pleadings,
summary judgment, or partial summary judgment.
All parties (the arbitrator(s), you and we) agree to make best efforts to ensure that an arbitration proceeding as described in this Arbitration Agreement is
completed within 180 days of filing the Covered Dispute. You and we agree not to disclose the existence, content, or results of the arbitration, except for
disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. The arbitration shall take place in the federal
district of your residence, at a location determined by the arbitrator. All statutes of limitations and rules of privilege that apply to any Covered Disputes apply to
any arbitration between you and us.
This Arbitration Agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about
dispute resolution. The provisions of this Arbitration Agreement will survive termination, amendment, or expiration of your account with us, these Terms of
Service, any other relationship between you and us and any bankruptcy by you (if permitted by applicable bankruptcy law).
No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the
arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration
Agreement.
If there are differences between this Arbitration Agreement and the rules of any arbitration administrator or other provisions in these Terms of Service, this
Arbitration Agreement will control.
18. Contact Us
If you have any questions about these Terms of Service, or have any other feedback, comments, requests for technical support and other communications relating to the Website, we invite you to contact Us at [email protected]; and we will do our best to respond promptly and to try to resolve any issue.