Terms of Use, Auto Finance

Effective Date: February 26, 2016

Revised Date: January 1, 2022

Welcome

Thank you for your interest in this online automotive financing (the “Site”). This Site is maintained by Detroit Trading Company (“Detroit Trading”). We encourage you to read the following terms governing your use of and purchase of products from the Site.

The Site provides users with various services, including an online platform that enables users to apply online for the finance of a new and/or used motor vehicle (the “Services”). By using the Site or by providing personal information to us, you agree to the terms set forth below (the “Terms”).

What Happens When You Submit an Auto Financing Request

When you submit an auto financing request on the Site, you're (a) telling us that you're interested in financing the purchase of a motor vehicle, and understand that you may be contacted by an autodialer and a portion of the call may be pre-recorded, (b) asking us to provide your information to one or more of the organizations with which we do business who might offer you financing or who might be able to identify a source of financing for you, (c) agreeing to receive electronic documents, (d) authorizing us or such those other organizations to receive, review and verify your information, (e) authorizing us or any of those organizations to obtain a credit report about you, and (f) saying that it's okay to combine your information with other information about you for analysis and marketing purposes, (g) certifying to us and those other organizations that you're the person whose information you're submitting, (h) acknowledging that your information will be used for the purposes of obtaining credit, and (i) saying that all of the information that you provide is true and complete. This is not an application for a loan or other form of credit.

We don't make loans or extend credit. We provide your information to organizations with which we do business in the hopes that one or more of them will offer you financing or refer your information on to someone else who will. Although we are usually successful in connecting people with lenders who want to provide auto financing to them, we don't guaranty that you will receive any offer of financing of that any offer of financing will be on any particular terms. We have no obligation to tell you one way or the other whether we were able to connect you with a potential lender. Each of the authorizations that you give to us also applies to any other organization to which your information is passed.

Clicking the Submit button on the Site will be your electronic signature. State and federal law makes electronic signatures associated with online agreements like this just as enforceable as agreements on paper that are signed by hand, so don't click unless you mean it. We look forward to helping you!

Site Use

By using this Site and any related services offered on this Site, you agree and understand:

1. That neither Detroit Trading, its parents nor its subsidiaries/affiliates are a party to any agreement(s) entered into with Site users, auto financing applicants and/or financial institutions who respond to any inquiry and approve and/or deny auto financing;
2. That neither Detroit Trading, its parents nor its subsidiaries/affiliates are a bank, financial institution, bank, credit union, lender, dealership, broker, agent, administrator or insurer of any new vehicles;
3. That the content that appears on Detroit Trading is for informational purposes only and that it may, from time to time, contain errors – despite our best efforts. To this extent, we make no guarantees regarding the accuracy, timeliness, completeness or reliability of any of the materials or information contained on the Site; and,
4. That Detroit Trading does not have any control over the conduct of banks, credit unions, lenders financial institutions, sellers, dealers, buyers or other users of the Site, the services offered on the Site or any representations made about any vehicle by a dealer or seller whose vehicle is posted on the Site, despite our hope all parties who use the Site act honorably and treat each other fairly.

When used in these Terms, Detroit Trading shall include any parent companies, affiliates, directors, officers, and employees.

These Terms are a legally binding agreement between you and Detroit Trading. Please read them carefully.

Modifications to these Terms

From time to time, we may change the Terms that govern your use of our Site and any related services. Your continued use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed. When such a modification is made, we will post a revised version of the Terms on this Site. Changes will be effective when they are posted. Detroit Trading is not required to provide you with notification that any such change has been made.

Site Contents

Except as otherwise indicated, information on this Site is protected by copyright in the United States of America and in other countries. Detroit Trading and its parents owns and/or uses with permission all worldwide right, title and interest in and to the Site and its Contents. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Site.

The posting of information or other materials to this Site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade dress, trade names, or other intellectual property) and does not transfer any rights to a user of the Site or any other third party, except as expressly provided herein.

Service Marks and Trademarks

Detroit Trading, Detroit Trading Exchange, Detroit Trading Services, DTC are trade dress, service marks and/or trademarks of Detroit Trading Company. Manufacturer and/or dealer trademarks are used under license.

Copyright, Limited Disclaimer of Copyright, Digital Millennium Copyright Act

Any authorized person may view the information and incidentally create an electronic copy of the information available from this Site for informational, non-commercial purposes only. No part of the information at this Site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Detroit Trading.

In accordance with the Digital Millennium Copyright Act of 1998 (see www.copyright.gov for full text), Detroit Trading will respond to claims of copyright infringement committed using the Site when such claims are reported to Detroit Trading. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright and believe your or such owner’s copyright has been infringed by an improper posting or distribution via this Site, please report the infringement by sending an email to the copyright agent at mattc@detroittrading.com.

User Submissions

Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain Detroit Trading property. Detroit Trading is not under any obligation to (1) maintain any Submissions in confidence; (2) pay to user any compensation for any Submissions; or (3) respond to any user Submissions.

You agree any Submission you make to the Site does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, if any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personally Identifiable Information”), you grant and will cause the other person to grant to Detroit Trading a transferable, nonexclusive, worldwide, royalty-free license to use such Personal Identifiable Information for any advertising or marketing of Detroit Trading’s products in any medium. You agree to indemnity and hold harmless Detroit Trading against any losses, liabilities, claims and expenses (including attorneys’ fees) arising from your use of this Site, your Submission and any Personally Identifiable Information contained therein.

You further agree that the Submission you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and remain solely responsible for the content of any of your Submissions. Electronic transmissions to and from this Site are not confidential and may be read or intercepted by others.

CAN-SPAM, Telephone Consumer Protection Act and Similar Law

By providing a land line and/or mobile phone number, you are expressly consenting for us and/or affiliates to contact you via the number you provided, using an auto-dialer, to provide more information as to your inquiry. Standard rates may apply to calls placed to mobile devices. Providing a land line and/or mobile phone number is not a condition of service, but does enable us to better serve you and process your request.

Additionally, your use of this Site establishes a business or other applicable relationship with us and our affiliates for purposes of CAN-SPAM, the Telephone Consumer Protection Act and all other applicable law that addresses unsolicited commercial communications.

By visiting this Site and using its features, you agree that we, our agents or third parties to whom we provide your information may call, e-mail, or otherwise communicate with you regarding the financing, sale or lease of motor vehicles. This includes, without limitation, packaging your information and providing it, for compensation or otherwise, to persons who purchase and/or repurchase your packaged information as a finance and/or sales lead. You grant your permission for us to do this (and to do all other things reasonably necessary to accomplish this purpose) and for one or more recipients of the information to try to sell you a vehicle.

Please see our Privacy Policy for more details.

Disclaimer of Warranties

ANY INFORMATION PROVIDED ON THIS SITE OR AS A RESULT OF THE USE OF THIS SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY ARISING OUT OF THE COURSE OF DEALING OR TRADE.

DETROIT TRADING MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR MATERIALS CONTAINED ON THE SITE OR THE SERVICES IT PROVIDES, INCLUDING ANY RELATED INFORMATION, TECHNICAL ASSISTANCE, REPRESENTATIONS OR GRAPHICS. DETROIT TRADING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OUR OMISSIONS IN THE CONTENT OF THE SITE OR SERVICES IT PROVIDES. DETROIT TRADING SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.

REFERENCE TO DETROIT TRADING AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES OR PUBLICATIONS WITHIN THE DETROIT TRADING SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. DETROIT TRADING MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OR PRODUCTS OFFERED ON THE SITE OR ANY RELATED SERVICE INCLUDING THE ABILITY OF A FINANCIAL INSTITUTION TO EXTEND FINANCING TO AN INDIVIDUAL AND/OR SERVICES OFFERED. DETROIT TRADING SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the disclaimer of warranties or the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

Typographic Errors

This Site could include technical inaccuracies or typographical errors. Detroit Trading assumes no liability to any injury, whether financial or other, that arises from a technical inaccuracy or typographical error.

Limitations of Liability

By accessing the Site or by using any service offered by Detroit Trading, you agree to release and hold harmless the Detroit Trading from and against any and all claims, damages, liabilities, judgments, costs and expenses arising out of participation in any activity, whether online or offline, offered by Detroit Trading. Neither Detroit Trading nor any other party involved in creating, producing or managing the Site and or any Detroit Trading services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily or personal injury or distress arising (1) in connection with the use or inability to use this site; (2) from any communications, meetings, or interactions with Detroit Trading employees or with other users of the site, including buyers, sellers, dealers and/or service providers – whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.

IN NO EVENT SHALL DETROIT TRADING’ LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO DETROIT TRADING, FOR ACCESSING THE SITE OR USING ITS SERVICES. YOU SHOULD CONSULT YOUR LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY

Indemnification by User

USER AGREES TO INDEMNIFY, DEFEND AND HOLD DETROIT TRADING HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES RELATED TO (1) A USER'S VIOLATION OF THESE TERMS AND CONDITIONS OR (2) USER’S USE OF THESE SERVICES, INCLUDING BUT NOT LIMITED TO THE TECHNICAL SUPPORT AND THE INFORMATION PROVIDED AT THIS SITE OR THROUGH ANY RELATED THIRD PARTY.

Viruses

All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Site is disclaimed.

Links to Other Websites

This Site may contain links to other web sites not owned or managed by Detroit Trading or its affiliates. Detroit Trading is not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by Detroit Trading. Inclusion of any such linked web site does not imply approval or endorsement of the linked web site by Detroit Trading.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Michigan without regard to conflict of law principles. Users agree that all legal proceedings related to the matters shall be adjudicated solely in the courts of Oakland County, Michigan, United States of America. Users consent to extra-territorial service of process and submit to the jurisdiction of these courts.

To the extent any portion of these Terms are unenforceable, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.

Any waiver of any provisions contained in these Terms by Detroit Trading shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any waiver of these Terms must be in writing and signed by our authorized representative. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.