Privacy Policy

Privacy Policy

Otomooch! Privacy Policy (effective November 30, 2014)

We believe in complete, visibility and transparency. If you have any questions, please give us a call at (510) 677-7774 or contact us.

Welcome to otomooch.com, which is the website for Otomooch!, llc. (“Otomooch!” “we” “us” or “our”). The terms and conditions set forth herein are hereinafter referred to as the “Agreement” and govern all use of the otomooch.com website and mobile application and all content, services, features, activities and products available at or through the website or mobile application (collectively, the “Services”). This Agreement sets forth the legally binding terms and conditions for your use of the website, mobile application, and the Services.

This Privacy Policy is part of Otomooch!’s Terms of Use (https://automooch.com/privacypolicy) and covers the treatment of user information, including Personally Identifiable Information (defined below), obtained by otomooch!, including information obtained when you access or log in to Otomooch!, register to receive content, and/or take any steps to make a purchase or sale through Otomooch!. Among other things, this Privacy Policy describes the type of user information Otomooch! obtains either from you, your browser, or third parties that partner with otomooch!, explains how Otomooch! uses this information, identifies the types of third parties that may receive or collect user information from or through Otomooch!, and explains how you may review and modify certain information that Otomooch! collects.

By visiting Otomooch!, viewing our content, registering for an account, and/or using any of our services, you acknowledge that you accept the following:

[toggle_content title=”Summary” class=”box”] Otomooch! is a service that primarily buy and sell car and also facilitates sales between private sellers and buyers. As a buyer, Otomooch! offers you many services and protections, which are described further throughout this Agreement.
A- Services to buyers:
All vehicles offered for sale to buyers have undergone Otomooch!’s multipoint point inspection (MPI) vehicle inspection and meet the safety, registration, and smog requirements imposed by California upon delivery. Subject to certain restrictions, most Otomooch! vehicles come with 2-day optional money back guaranty so that you can return a vehicle for any reason and receive a full refund on a timely manner.
B- Services to sellers:
Otomooch! offers many services to sellers as well. In particular, Otomooch! will professionally inspect and photograph your vehicle before it is listed. Once a buyer purchases your vehicle, Otomooch! will pick up the vehicle, pay you, and handle delivery to the buyer. Otomooch! guarantees that the non-negotiable price it will offer you is higher than the vehicle’s value as reported by Edmunds True Market Value or dealerships trade-in offers. You will retain that price even if a buyer returns the vehicle.
These features are offered subject to certain restrictions, which are described further throughout this Agreement. Moreover, your use of Otomooch! Services imposes certain obligations on you, which are described further below. Otomooch! strongly encourages you to read this Agreement entirely.
[/toggle_content] [toggle_content title=”What Types of User Information Does Otomooch! Obtain?” class=”box”] [check_list class=””]
  • Name
  • Email Address
  • Mailing Address
  • Telephone Number(s)
  • Photo
  • Vehicle Information (e.g., make, model, color, condition)
  • Credit Card Information
  • Social Networking Handle or Username
  • Demographic Information (e.g., age, gender, interests, and preferences)
  • Information Collected Automatically
  • Information Received from Third Parties
[/check_list] [/toggle_content] [toggle_content title=”Customer’s Obligations” class=”box”] When you register to receive any products or services from Otomooch! or provide information to Otomooch! in any other manner, you agree to provide only true, accurate, current and complete information. If you choose not to provide the Information we request, you may still use Otomooch!, but you may be unable to access certain features or services.
[/toggle_content] [toggle_content title=”Information Collected Automatically” class=”box”] Otomooch! may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:
[check_list class=””]
  • Browser Information
  • Operating System Information
  • Mobile Device Information
  • Time of Visit
  • Registration Time
  • IP Address
  • Content Viewed
  • Connection Speed
  • Geographic Location
  • Referring Site, Application, or Service
[/check_list] [/toggle_content] [toggle_content title=”Information Received From Third Parties” class=”box”] A – If you list or purchase a car on otomooch.com, we may receive personal information about you from:
[check_list class=””]
  • Consumer Reporting Agencies : credit bureaus
  • Automobile Analysts: pre-purchase inspectors and vehicle analysts (Car fax and Auto check)
  • Mail Service Providers: United States Postal Service and FedEx
  • Advertisers: third parties who advertise on our website
  • Third Party Websites/Social Networking Sites
[/check_list] B – Personal information includes but not limited to:
[check_list class=””]
  • Name
  • Nickname or Username
  • Photo or Graphic Avatar
  • Unique Third Party Website Identifier (e.g., Facebook User ID or Twitter)
  • Biographical or Demographic Information (e.g. gender, college attended, etc.)
  • ikes and Interests
  • Contacts/Associations
  • Any Information That Is Publicly Available on Third Party Websites
[/check_list] Your decision to use, or share with, a Third Party Website when accessing or using Otomooch! products and services is completely voluntary. Otomooch! is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Otomooch! by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services. Any information we receive from Third Party Websites will be governed by this Privacy Policy.
[/toggle_content] [toggle_content title=”Email Communications” class=”box”] We may contact you by e-mail or telephone if you access Otomooch!’s Products and services. By visiting or using Otomooch.com content, products or services, you specifically consent to the receipt of these e-mail message communications. If you do not want to receive emails or other communications from us, please notify us by email at help@otomooch.com and include sufficient information for us to identify your account, including your Name, Email Address and the specifics of your request. You may also unsubscribe through the instructions included in the e-mail communication. If you unsubscribe, Otomooch! may still contact you via email for administrative purposes or concerning any products, services or events for which you have registered or are using.
[/toggle_content] [toggle_content title=”General Provisions” class=”box”]

A – Registration / Modification

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the otomooch.com website, you agree that you have read and accepted the terms and conditions of this Agreement. The Agreement consists of all terms and conditions set forth in the Agreement, as well as those set forth in Otomooch!’s Privacy Policy. Otomooch! reserves the right to modify this Agreement at any time.

B – Intended Use

This website is intended for use only by residents 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 accepting this Agreement, you represent and affirm that you meet these requirements. If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to do so.

C – Arbitration and Class Action Waiver

In accordance with the terms set forth in section 10 below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

D – Sale By Private Sellers/Non-Interference

This website serves primarily to facilitate sales between private sellers and buyers of used vehicles. With certain exceptions, some of the vehicles offered for sale on the website are offered for sale by private seller, and not by Otomooch!. By accepting this Agreement, you represent and affirm that you will not

(a) communicate directly with buyers and/or sellers regarding the listed vehicles;

(b) recruit, solicit, or encourage any other user to use third party services or websites that are competitive to Otomooch!;

(c) use the website or mobile application to find a buyer or listed vehicle and then complete a transaction independent of the website, mobile application, or Services in order to circumvent the obligation to pay any fees related to the Services; or

(d) otherwise interfere with vehicle listings without authorization from Otomooch!.
[/toggle_content] [toggle_content title=”Access and Use of the Services” class=”box”] In order to use this website and access the products and Services, You must provide accurate information and keep your Account information updated. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account.
[/toggle_content] [toggle_content title=”Buying and Selling Vehicles” class=”box”] Otomooch! is in the process of being licensed by the California Department of Motor Vehicles as a used car dealer and as an Auto broker. As explained more fully below, once a buyer has agreed to purchase and has paid for a particular vehicle offered for sale on this website, Otomooch! purchases that vehicle from the seller (if otomooch! does not otherwise own the vehicle), and then sells and delivers it to the buyer.

We may use a third-party payment processor (the “Payment Processor”) to bill you or compensate you through a payment account linked to your Otomooch! account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to consummate a transaction with Otomooch!, you agree to pay us, through the Payment Processor, all charges in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge or credit your chosen payment provider.

A- Selling a Vehicle on this Website

With certain exceptions addressed below, some of the vehicles listed for sale on this website are offered for sale by private sellers, and not by Otomooch!. To list a vehicle for sale on the Otomooch! website, the seller must have possession of the vehicle to be sold, and (a) the ability to transfer title, or (b) if there is a lien on the vehicle, must have advised Otomooch! of the lien and must have provided Otomooch! with the information Otomooch! would need to satisfy the lien. Seller acknowledges that if he or she provides Otomooch! with any false, incomplete, or inaccurate information, including but not limited to vehicle or personal information, any contract entered into between seller and Otomooch! for the purchase of a vehicle by Otomooch! is null and void and of no force of effect and seller will be responsible to compensate Otomooch for any costs, losses or damages resulting from any false, incomplete, or inaccurate information.

In order to list a vehicle for sales on this website, the website will ask you, as a prospective seller, to provide basic information regarding the vehicle, including make, model, year, style and mileage. You will then be asked to schedule an inspection with a Otomooch! inspector, and to fill in certain identifying information, including your name and the home or office address at which the vehicle will be inspected. During the registration process, Otomooch! will provide you, as a prospective seller, with the Edmunds True Market Value for your vehicle.

Once you have filled in the required information and scheduled an inspection, Otomooch! will send one of its inspectors to your home or office to photograph the vehicle inside and out, and to conduct a pre-purchase inspection, including a test drive of the vehicle. The inspector will also verify the vehicle’s make, model, year, style and mileage, and title and registration, and confirm that the seller is the owner of the vehicle. The inspection will be conducted by the Otmooch! inspector in accordance with Otomooch!’s multipart pre-purchase vehicle inspection process.
Upon completing the inspection Otomooch! will, within two (2) business days, email the seller a price it will pay the seller for the car if a purchaser agrees to buy it (the “Guaranteed Price”). Prices are fixed and not subject to negotiation, and are based on a variety of factors, including the market value of the vehicle at the time of inspection as assessed by a third-party appraisal. Otomooch! will provide a prospective seller with a trade in value for the vehicle that takes into account the results of Otomooch!’s inspection. Otomooch! guarantees that the trade in value it offers will be higher than the Edmunds True Market Value. At the same time it advises the seller of the price, Otomooch! will also advise the seller of the Otomooch! commission that will be deducted from that price in the event the vehicle is sold. Otomooch!’s commission and fees is determined on a car-by-car basis, and takes into consideration the value of the car at the time of inspection. Otomooch!’s commission and fees are not negotiable.

Otomooch! may revise the Guaranteed Price in the event of any post-inspection damage. In such a situation, Otomooch! may – but is not required to – make the seller a new offer on different terms. It is the seller’s responsibility to inform Otomooch! immediately if any damage occurs to the vehicle after the inspection by contacting help@otomooch.com. Should the seller fail to timely inform Otomooch! of such post-listing damage, otomooch! may, at its sole discretion, remove the listing for the vehicle from this website. The seller also agrees to reimburse Otomooch! for any costs, losses, or damages suffered as a result, including but not limited to the cost of repair and the cost of any necessary inspection or re-inspection. The nature and extent of any post-incident damage will be determined solely by Otomooch!, or by a third-party working on Otomooch!’s behalf.

If Otomooch! and a buyer mutually execute an agreement pursuant to which the buyer will purchase seller’s vehicle from Otomooch! (the “Retail Installment Contract”), Otomooch! will as soon as reasonably practicable,

(a) secure the vehicle title from the seller,

(b) secure all necessary signatures from the seller to accomplish transfer of title,

(c) pay the seller for the vehicle by way of a check issued by Otomooch!, and

(d) pick up the vehicle from the seller.

Otomooch! may remove the seller’s listing from this website if Otomooch!i cannot secure from the seller the title, the vehicle, or the necessary signatures. Assuming the car has not suffered any post-inspection damage, the price paid by Otomooch! to the seller will be the Agreed Upon Price minus the Otomooch! commission. Should the buyer return the vehicle to Otomooch! for any reason, Otomooch! will retain title and possession of the vehicle and the seller shall retain the price paid to seller. To the extent such a returned vehicle is offered for sale on this website, it will be offered by sale by Otomooch!. Otomooch! may also offer for sale on this website vehicles on its premises.

Otomooch! cannot guarantee that any vehicle listed on the website will be sold. Nor can Otomooch! guarantee the length of time it will take for any car to sell. Otomooch! may, in its sole discretion, remove a listing from this website if the car is not sold within thirty (30) days . Alternatively, Otomooch! may make a new offer to the seller at a revised price point.

B- Buying a Vehicle on this Website.

Any prospective buyer is free to browse the website. For each vehicle offered for sale, the website displays professional photographs and certain characteristics of the vehicle. The photographs displayed are not exemplars, but photos of the actual vehicle offered for sale.

Each of the vehicles offered for sale on this website is certified by Otomooch! pursuant to its multi-point inspection (MPI) certification process. For each vehicle offered for sale, the website displays a completed inspection report reciting the steps conducted in the certification process, including each of the components inspected, and the status of the vehicle with respect to each step and component.

With respect to any vehicle Otomooch! sells, Otomooch! will have complied with all requirements of the California Vehicle Code with respect to (a) checking and making operational certain vehicle parts,

(b) odometer disclosure, and

(c) smog inspection.

Otomooch! will also make all disclosures required under California and federal law, including under the Federal Buyer’s Guide and California Vehicle Code. Otomooch! will publish on this website any third party report it has secured with respect to an individual vehicle. Otomooch! disclaims any responsibility for the accuracy of any such report.

** The sale price at which the seller offers a vehicle for sale on this website is fixed and not subject to negotiation. The prices listed on the website are all inclusive, it include title, registration for California residents, the cost of delivery within a 100 mile radius of Fremont, California, California smog and document fees and Otomooch!’s commission. Prices on the website does not include sales or usage tax, delivery outside of a 100 mile radius of Fremont, California, non-California title and registration fees, financing charges or extra purchases, including but not limited to an extended warranty.

Once a buyer decides to purchase a particular vehicle, the buyer and Otomooch! will mutually execute a Retail Installment Contract memorializing the terms of the sale. A buyer can pay for the vehicle by check, credit card, or bank transfer. Payment is due at the time of executing the Retail Installment Contract, and the buyer’s account will be charged immediately. After executing the Retail Installment Contract and verifying funds, Otomooch! will contact the buyer to arrange for delivery of the vehicle, title, and, within California, registration. All vehicles delivered to a buyer will be free and clear of any liens previously attached to the vehicle, unless the lien is transferred to the new buyer.

While Otomooch! expects to be able to offer delivery within several days of most purchases, there are certain circumstances outside of Otomooch!’s control that may delay delivery. For example, if the seller is out of town, Otomooch! may be unable to obtain the vehicle until the seller returns. Accordingly, Otomooch! Can not offer a guaranteed delivery time frame at the time of purchase.

Most vehicles sold by Otomooch! come with an optional 2-day money back guaranty. This means that, as long as (a) the vehicle has not been driven more than a total of 250 miles during the time the vehicle was in buyer’s possession, whichever is less (the “Mileage Limit”), and (b) the vehicle is in the same condition it was in at the time of delivery (collectively the “Money Back Guaranty Conditions”), a buyer can, within 2- days of delivery, return the vehicle to Otomooch! and receive a full refund. As long as the Money Back Guaranty Conditions are satisfied and the buyer had signed a cancellation contract, the buyer may return the vehicle for any reason. Otomooch! does not offer partial refunds and will not renegotiate the purchase price if the buyer is not satisfied with the vehicle. In the event the buyer is not satisfied with the vehicle for any reason, the buyer may, as long as the Money Back Guaranty Conditions are satisfied, return the vehicle within 2- days of purchase and, subject to excess mileage charges described below, receive a full refund.

To the extent the vehicle has been driven beyond the Mileage Limit, the refund given to the buyer will be reduced by $4.00 (Four dollars) per mile. To the extent the vehicle has been damaged or is otherwise in worse condition than it was at the time of delivery, Otomooch!, in its sole discretion, may refuse to refund any portion of the purchase price, or may choose to reduce the refunded amount by the amount required to return the vehicle to its condition at the time of delivery to buyer. The amount of the deduction will be determined solely by Otomooch!, and Otomooch! will provide an accounting to the buyer reflecting the amount of any deductions and the reason for each deduction. In the event Otomooch! refunds the purchase price to a buyer, Otomooch!, as the owner of that vehicle, may itself offer the vehicle for sale on this website.

**As required by California law, each vehicle offered for sale on this website for less than $40,000 also comes with an optional cooling off period offer from Otomooch!, at the prices specified under California law, of a Two Day Cooling Off Period Option.
[/toggle_content] [toggle_content title=”User Generated Content” class=”box”] A- Prohibited Actions.

You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following:

(a) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program;

(b) post or transmit any message, data, image, content or program that would violate any property rights of others;

(c) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(d) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents;

(e) upload files that contain a virus or corrupted data;

(f) falsify the source or origin of software or other material contained in a file that you upload to the Services;

(g) falsely purport to be an employee or agent of Otomooch;

(h) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or

(i) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content.

B- Otomooch!’s Exclusive Right to Manage the User Submissions.

You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Otomooch! in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all.

C- Responsibility of Users.

You are entirely responsible for the content of, and any harm resulting from your User Submissions. Otomooch! does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

[/toggle_content] [toggle_content title=”Accuracy of Website Information” class=”box”] Otomooch! designed this website to meet your used car purchase and sale needs by providing you with accurate and up-to-date information about Otomooch!’s inventory. Despite our best efforts, however, it is inevitable that some inaccuracies may be present. Additionally, photographs of automobiles found on the Otomooch! website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. Otomooch! will not be responsible for errors found on this website, including but not limited to pricing errors or an incorrect statement of accessories on a particular vehicle. Otomooch! reserves the right to change product pricing without notice.
[/toggle_content] [toggle_content title=”Ownership and Proprietary Rights” class=”box”] All information contained in this website, unless otherwise stated, is owned solely and exclusively by Otomooch!. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Otomooch! has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Otomooch!; however, vehicle information may be printed for your non-commercial, personal use only. You may not 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 Otomooch!’s name or trademarks without the express written consent of Otomooch!. 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.
[/toggle_content] [toggle_content title=”Intellectual Property” class=”box”] Otomooch! is a registered trademark or service mark of Otomooch! Llc. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Otomooch! or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Otomooch!.
[/toggle_content] [toggle_content title=”Warranty Disclaimer” class=”box”] Otomooch! Makes no representations about the suitability of the information and related graphics contained in this website for any purpose whatsoever, All information provided on our website is provided “AS-IS”, with all faults and without warranties of any kind either express or implied.

Otomooch! Disclaims all warranties araising from course of performance, course of dealing or usage in trade. Otomooch! Shall not be liable for any indirect, special, consequential, incidental, or punitive damages, including, without limitation, lost profits or revenues, cost of replacement of goods, loss or damage to data arising out of the use of the otomooch.com site, or for damage resulting from the use of or reliance on the information contained herein. Some states do not allow limitations of relief such as incidental or consequential damages, so the above limitation may not apply to you.
[/toggle_content] [toggle_content title=”Dispute Resolution / Agreement to Arbitrate” class=”box”] A- In General.

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Otomooch! agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

B- First — Try to Resolve Disputes and Excluded Disputes.

If any controversy, allegation, or claim arises out of or relates to the Services, the content available through the Services, your User Submissions, or this Agreement (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if you have failed to provide us with this information or if such information is not current or accurate, then we have no obligation under this section. Your notice to us must be sent to: help@otomooch.com. For a period of 90 days from the date of receipt of notice from the other party, Otomooch! and you will engage in a good faith dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Otomooch! to resolve the Dispute on terms with respect to which you and Otomooch!, in each party’s sole discretion, are not comfortable.

C- Forums for Alternative Dispute Resolution.

If we cannot resolve a Dispute as set forth in above within 90 days of receipt of the notice (or, where no notice address exists for you, after such Dispute arises), then either you or we may submit the Dispute to formal arbitration in accordance with this section.

D- Nature, Limitations, and Location of Alternative Dispute Resolution.

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, with arbitration

(a) There is no judge or jury,

(b) The arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and

(c) Judicial review of the arbitration outcome is limited.

All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.

E- Limited Time to File Claims.

To the fullest extent permitted by applicable law, if you or we want to assert a dispute against the other, then you or we must commence it (by delivery of written notice as set forth above, where feasible) within 1 year after the dispute arises – or it will forever barred.

F- Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by Otomooch! to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, the content available through the Services, your User Submissions and/or Otomooch!’s intellectual property rights, Otomooch!’s operations, and/or Otomooch!’s products or services.

G- No Class Action Matters.

You and we expressly agree that any Dispute is personal to us, and any such Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration or arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor we agree that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that a Dispute may only be resolved through an individual arbitration and shall not be brought as class arbitration, a class action, or any other representative proceeding.

H- Federal and State Courts.

Except to the extent that arbitration is required above, any action or proceeding relating to any Dispute may only be instituted in state court in Alameda County, California or federal court in San Francisco, California. Accordingly, you and Otomooch! consent to the exclusive personal jurisdiction and venue of such courts for such matters.

I- Applicable Law.

This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflict of law provisions.

[/toggle_content] [toggle_content title=”Usage and Ownership of Customer Information.” class=”box”] All information submitted to Otomooch! through our website becomes and remains the property of Otomooch!. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Agreement and our Privacy Policy.
[/toggle_content] [toggle_content title=”Violations of the Agreement” class=”box”] In the event you violate or attempt to violate any part of this Agreement, Otomooch! reserves the right to terminate your access to this 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 in accordance with the section above or criminal prosecution for any and all alleged or actual illegal activities involving this website.
[/toggle_content] [toggle_content title=”Indemnification” class=”box”] You agree to indemnify, defend, and hold harmless Otomooch! from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.
[/toggle_content] [toggle_content title=”Severability and Integration” class=”box”] In the event any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Agreement, including all documents incorporated herein by reference, represents the entire agreement governing your use of this website, the mobile app, or the Services. This Agreement may not be modified, either expressly or by implication, except as set forth in this agreement below.
[/toggle_content] [toggle_content title=”Modification” class=”box”] Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only

(A) by obtaining our written consent in a notarized agreement signed by an officer of Otomooch!; or

(B) as set forth in the next paragraph.

You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by:

(a) posting a notice on the Otomooch! website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on otomooch.com the first time that you visit otomooch.com following such revisions or modifications; or

(b) through a direct communication to you by email, if you have provided an email address to us.

[/toggle_content] [toggle_content title=” Website Material and Information” class=”box”] This site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. Unless specifically stated otherwise, we make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification. Please bring to our attention any materials or information that you believe to be inaccurate by forwarding to (insert) both the information you believe to be inaccurate, and the basis for that belief.
[/toggle_content] [toggle_content title=”Links to Third Party Websites” class=”box”] The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Otomooch! is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of Otomooch! and, as such, Otomooch! is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Otomooch! does not imply an endorsement or recommendation by Otomooch!. Otomooch! is not responsible for any form of transmission received from any link, nor is Otomooch! responsible if any of these links are not working appropriately.

You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.
[/toggle_content] [toggle_content title=”Changes to the Privacy Policy” class=”box”] Otomooch! retains the discretion to amend or modify this Privacy Policy from time to time. Use and disclosure of Information we obtain is subject to the later of: (a) the Privacy Policy in effect at the time such Information is collected or (b) any subsequent Privacy Policy of which you have notice. If we make material changes to the way we collect, use or disclose Personally Identifying Information, we will notify you by posting a clear and prominent announcement on Otomooch.com or through a direct communication. Your continued access to or use of Otomooch.com following notice of material changes to this Privacy Policy shall constitute consent to any amendments and/or modifications. Your use of Otomooch.com is entirely voluntary, and you may discontinue use of Otomooch.com at any time.
[/toggle_content] [toggle_content title=”Reservation of Rights” class=”box”] Any and all rights not expressly granted to you in this Agreement are hereby reserved by Otomooch!.
[/toggle_content]

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