CarGurus Widget Terms

By downloading a CarGurus Widget from the CarGurus website ("CarGurus") you agree to be bound by the terms set out below (the "CarGurus Widget Terms"). These CarGurus Widget Terms may be updated by CarGurus at its discretion. Please review these CarGurus Widget Terms each time you download a CarGurus Widget.

Your download and/or use of a CarGurus Widget indicates your agreement to these CarGurus Widget Terms.

1. License

1.1 Subject to the CarGurus Widget Terms, CarGurus grants you a non-transferable, non-sublicensable, royalty free, non-exclusive license to display on your website ("Site") the widget and other information or materials that you specifically select to receive from CarGurus through the CarGurus Widget.

1.2 All title, ownership rights and intellectual property rights in and to the CarGurus Widget and CarGurus Content shall remain the property of CarGurus.

1.3 Nothing in these CarGurus Widget Terms grants you any right to use the CarGurus trademark on your Site or elsewhere, other than as set forth in the CarGurus Widget and associated CarGurus Content.

2. Use of CarGurus Widget

2.1 You may not use the CarGurus Widget on any Site that is a web site that is excluded by CarGurus (set forth below the list of excluded websites, which may be amended by CarGurus from time to time).

2.2 YOU MUST ENSURE THAT ALL CarGurus WIDGETS AND CarGurus CONTENT ON YOUR SITE HAVE ATTRIBUTION TO CarGurus IN ACCORDANCE WITH THE CarGurus ATTRIBUTION GUIDELINES (SET FORTH BELOW, WHICH MAY BE AMENDED BY CarGurus FROM TIME TO TIME).

2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING CarGurus WIDGETS AND CarGurus CONTENT OR OTHERWISE COMMERCIALIZE SUCH CarGurus WIDGETS AND CONTENT, NOR ATTEMPT TO RE-SELL, REDISTRIBUTE, OR SYNDICATE THE CarGurus WIDGETS AND CONTENT IN ANY WAY.

2.4 The CarGurus Widget and content must contain a functional link back to CarGurus. If you are displaying the CarGurus Widget where a functional link back to CarGurus is not possible, you must display on-screen the URL from which the CarGurus Widget can be obtained. You may not directly or indirectly change, edit, add to or produce summaries of the CarGurus Widget or any content on the CarGurus website. You may not alter any links embedded within the CarGurus Widget or CarGurus Content.

2.5 You may not directly or indirectly suggest any endorsement or approval by CarGurus of your Site, product or content or any views expressed within your site or service.

2.6 Should you receive any enquiries which relate to CarGurus or the CarGurus Widget or content you should promptly refer such enquiries to http://www.CarGurus.com/cgi-bin/feedback1.pl

3. Warranties & Liability

3.1 You warrant to CarGurus that:

i. you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;

ii. the Site shall contain no material which is libelous, defamatory, pornographic, obscene, unsuitable for family viewing, or which tarnishes the image of CarGurus, or which is in breach of any third party intellectual property rights; and

iii. users of the Site shall be required to comply with terms that are equivalent to the CarGurus Widget Terms in relation to their use of the CarGurus Widget or Content.

3.2 The CarGurus Widget and content are made available by CarGurus on an "as is" and "as available" basis and CarGurus gives no warranty of any kind in relation to the CarGurus Widget,, or any content on the CarGurus website. CarGurus disclaims all implied warranties, including but not limited to the implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the CarGurus Widget and the CarGurus website and any content thereon.

3.3 CarGurus EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THE CarGurus WIDGET TERMS, THE CarGurus WIDGET, THE CarGurus WEBSITE, AND ANY AND ALL CONTENT ON, OWNED, LICENSED, OR DISPLAYED BY CarGurus INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE CarGurus WIDGET OR ANY CONTENT ON THE TREAVELPOD WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF CarGurus WIDGET.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend CarGurus in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the CarGurus Widget Terms or otherwise in connection with your use of the CarGurus Widget (including the CarGurus Content).

5. Termination

5.1 You may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the CarGurus Widget (including the CarGurus Content) from your Site, all hard drives, networks and other storage media.

5.2 CarGurus may restrict, suspend or terminate the CarGurus Widget, CarGurus Widget Terms, the license granted herein or your access to the CarGurus Widget and CarGurus Content at any time with or without reason. You agree to destroy all copies of the CarGurus Widget (including the CarGurus Content) upon receiving notice of termination from CarGurus.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 You may not assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.

6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.

6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

6.4 The CarGurus Widget Terms shall be governed by, construed and take effect in accordance with the laws of the Commonwealth of Massachusetts and You agree that all claims you may have against CarGurus arising from or relating to the CarGurus Widget Terms, CarGurus Content, or CarGurus Widget will be heard and resolved in a court of competent subject matter jurisdiction located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Boston, Massachusetts, you will be responsible for compliance with all local laws of such other jurisdiction.

Excluded Websites

The CarGurus Widget and any CarGurus content contained in the CarGurus Widget may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

  1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate disruptive behavior
  2. Sites that promote, encourage or facilitate violence
  3. Sites that promote, encourage or facilitate terrorism or other activities that risk national security
  4. Sites that discriminate against any specific social group or otherwise exploit persons
  5. Sites that promote, facilitate or encourage illegal activity
  6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content

Attribution Guidelines

Any CarGurus Widget or CarGurus content on your site must incorporate an attribution (credit) to CarGurus in the following forms:

  • The existing text and links must not be altered in any way

You may not use any CarGurus logo or other CarGurus trademark, other than as set forth in the CarGurus Widget and associated CarGurus Content, without obtaining CarGurus's express written authorization.

Copyright © 2006 - 2007 CarGurus LLC, All Rights Reserved.