CarGurus.com Terms and Conditions of Use
August 23, 2025
These Terms and Conditions apply to your use of the CarGurus.com website and all CarGurus digital properties, including CarGurus mobile applications (collectively, the “Site”). By accessing or using the Site in any form, including through a mobile device, you agree to be bound by these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND CARGURUS AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE CAREFULLY REVIEW THE LEGAL DISPUTES SECTION FOR COMPLETE DETAILS.
These Terms and Conditions incorporate the CarGurus Privacy Notice. By using the Site, you agree to both these Terms and Conditions and the Privacy Notice.
The CarGurus.com website (the "Site") is owned and operated by CarGurus, Inc. ("CarGurus", "we", "us" or "our"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions ("Terms and Conditions" or "Agreement"), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. CarGurus may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
Use of Offer Services
You may receive an offer on the Site (together with any communication and any access to the Site or other CarGurus technology in connection therewith, the "Offer Services") from our third-party car dealer ("Participating Dealer") to purchase your vehicle (an "Offer"). Offers by Participating Dealers, any communication in connection therewith, and any vehicle purchase and sale transaction in connection therewith shall be between you and the applicable Participating Dealer. By accepting an Offer, you agree that any vehicle-related information or information about you that you provide in connection with a vehicle listing or a potential vehicle sale transaction is accurate and may be shared with Participating Dealer(s),. Any Offer provided to you through the Offer Services is subject to the conditions and contingencies identified in connection with such offer. The Participating Dealer, as applicable, is not entering into a binding agreement to purchase your vehicle if and until you have provided all requested information and completed all applicable transaction documentation to the satisfaction of the buyer. For avoidance of doubt, any Offer is made by a Participating Dealer (and not CarGurus) and any vehicle sale transaction in connection with the CarGurus Offer Services is between a Participating Dealer and you (and CarGurus is not party to any such transaction).
The Offer Services are not available in all areas and not all vehicles are eligible for Offers. Even if your vehicle is eligible, CarGurus does not guarantee that you will receive an Offer. The Offer Services may not be used to sell or trade in certain categories of vehicles at CarGurus' and Participating Dealers' sole discretion.
Participating Dealers
Upon receiving an offer from a Participating Dealer, you will need to deliver the vehicle and any supporting documentation as required by the Participating Dealer. Participating Dealers will pay CarGurus a fee to participate in the Offer Services.
Any Offer from a Participating Dealer is subject to a verification inspection and may be changed upon such inspection. Participating Dealers are not owned or operated by, or affiliated with or acting on behalf of, either CarGurus. CarGurus and their affiliates expressly disclaim any liability resulting from an adjustment of a Participating Dealer's Offer or refusal to accept the vehicle by the Participating Dealer(s).
BY SUBMITTING YOUR INFORMATION TO RECEIVE AN OFFER, YOU AGREE (I) NOT TO SUE CARGURUS AND THEIR AFFILIATES, THEIR SERVICE PROVIDERS, OR THEIR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF THE CONDUCT OF ANY PARTICIPATING DEALER IN CONNECTION WITH THE OFFER SERVICES, AND (II) YOU AGREE TO LOOK SOLELY TO YOUR PARTICIPATING DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
Use of CarGurus Site Listings Generally
FOR ALL SITE-RELATED SERVICES, CARGURUS IS NOT AN AUTOMOBILE BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SITE. CarGurus does not hold or possess title for any vehicle listed for sale on our Site and CarGurus is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on or through the Site.
All buyers and sellers must be at least 18 years old to use the Site and by using the Site, you represent that you are at least 18 years old.
Information about a particular vehicle is supplied by the seller, not by CarGurus, and the buyer is solely responsible for reading the full vehicle listing before making a commitment to buy. The price and other terms of any sale are arranged after negotiation between the buyer and the seller. CarGurus is not responsible for incorrect information given by third parties, including (i) information regarding vehicles, including but not limited to vehicle mileage, condition, history, or photos of vehicles, and (ii) information about the identity, reliability or suitability of a buyer or seller. AutoCheck Vehicle History reports are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and CarGurus is not responsible for any incorrect information or mistakes. We cannot verify the information/photos that third parties supply or guarantee the vehicles they offer. When using this Site, please use common sense and good judgment. When dealing with prospective buyers/sellers, we urge you to take the same precautions you would take if you were buying/selling a car through a classified ad in the newspaper or any other private sales transaction.
CARGURUS MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON OUR SITE. VEHICLE SALES ARE "AS IS". VEHICLE SALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. CARGURUS DOES NOT OWN, INSPECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. ANY DISPUTE ABOUT THE CONDITION OF A VEHICLE SOLD THROUGH THE SITE IS BETWEEN THE BUYER AND SELLER ONLY. CARGURUS DOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.
All applications for credit and/or lending arrangements are through one or more unaffiliated third-party providers over whom CarGurus has no control. Any application for credit or lending arrangement, terms, conditions, warranties, or representations associated with any application for credit or lending arrangement, is solely between you and any such third-party provider. CarGurus is not responsible or liable for any loss or damage incurred as the result of such application for credit or lending arrangement.
Interactive Services (Chatbot, Managed Chat, etc.) Consent and Disclaimers
This Site may provide interactive services, including chatbot, and managed chat functionality with an option to chat. You agree that we may record and retain a transcript of all communications with you via these interactive tools in order to provide the tool and for quality and verification purposes. Your use or access of any of these tools or of our Site is governed by these Terms and Conditions and our Privacy Notice.
By using these services, you expressly consent to the recording, monitoring, and collection of your interactions (including chat transcripts, keystrokes, and session replay) for quality, verification, security, and lawful business purposes.
You consent to the use of electronic communications and tracking technologies, and waive any claim that such practices constitute unlawful wiretapping, eavesdropping, or interception under any state law, including but not limited to the California Invasion of Privacy Act, to the fullest extent permitted by law.
Location Services
By enabling location services in a CarGurus mobile application or digital property, you consent to CarGurus collecting and processing your location information for the purpose of providing consumer services, which may include helping you identify nearby vehicles, offers, or services, facilitating engagement with participating dealers, confirming appointments, and supporting other location-based features offered through our digital properties.
CarGurus may also use location data in aggregated or de-identified form to provide dealers with market insights, such as traffic patterns or consumer activity in proximity to dealer or competing locations.
Biometric Information
To the extent CarGurus or its service providers collect or process biometric identifiers or biometric information (such as faceprints, fingerprints, or voiceprints), such collection will be solely for limited and lawful business purposes, disclosed in our Privacy Notice, and subject to applicable law. CarGurus does not sell, monetize, or use biometric information for advertising, profiling, or marketing purposes.
Use of Private Sale Services
CarGurus includes a vehicle listing and information service on the private listing portion of the site, sometimes referred to as the "Private Listing Platform", that brings together private buyers and sellers. The information on vehicles provided through the Private Listing Platform is supplied by the seller or other third parties; CarGurus is not responsible for the accuracy of such information. CarGurus provides the Private Listing Platform services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. CarGurus is not a party to any transaction between Private Listing Platform vehicle buyers and sellers. Vehicle prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
You may pay a fee for access to certain CarGurus services related to the Private Listing Platform. All such fees are payable in advance of the provision of any such service are nonrefundable. We may change these fees at any time in our sole discretion. You shall be solely responsible for the payment of any taxes applicable to its payment for and/or use of such services, other than taxes on CarGurus' income. Your obligation to pay the fees is unconditional and not dependent on level of promotion, number of ad impressions or exposures, sales, leads, or inspection outcomes. With respect to the Featured listing services offered on the Private Listing Platform, you acknowledge that your vehicle will only be eligible for promotion as a featured listing if (i) it receives a FAIR, GOOD, or GREAT CarGurus Deal Rating or does not receive a CarGurus Deal Rating, and (ii) your listing contains a valid VIN. Following payment, you will receive such services for the period of time specified at the time of purchase unless your listing is removed by you for any reason or by CarGurus due to an issue with your listing.
As a Private Listing Platform seller you represent and warrant: (i) that you are not a motor vehicle dealer or broker, or acting in the capacity as an owner, employee or representative of a dealer or broker, (ii) that all information submitted to CarGurus about a particular vehicle and your contact information are accurate and true. In addition, you agree to approve listing descriptions as complete and accurate before publication, (iii) that all relevant vehicle information is included in the listing submission, (iv) that you are prepared to sell the listed vehicle at the price at which it is listed, (v) that you have possession of the actual vehicle listed and the proper authority to transfer title.
Dealer Use of Restricted Services
If you are a car dealer listing vehicles using CarGurus' Restricted listing services, you and your dealership's access to and use of the Restricted services is subject to the Dealer Services Agreement.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to CarGurus, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2024, CarGurus, Inc., all rights reserved. CarGurus also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. CarGurus, the CarGurus Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of CarGurus and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of CarGurus or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the CarGurus' (or its licensor's, as applicable) ownership of, such copyrights, Trademarks or any other CarGurus' intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If CarGurus provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of CarGurus.
By posting or distributing any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") to or through the Site, unless we indicate otherwise, you (a) grant CarGurus and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant CarGurus and its subsidiaries, affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant CarGurus the right to pursue at law any person or entity that violates your or CarGurus' rights in the Content or breaches of these Terms and Conditions.
CarGurus takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is CarGurus liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CarGurus is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although CarGurus has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, CarGurus reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect CarGurus' systems and customers, or to ensure the integrity and operation of CarGurus business and systems, CarGurus may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
CarGurus' right to disclose any such information, as applicable, shall be pursuant to the terms of CarGurus' Privacy Notice. Please see CarGurus' Privacy Notice for the terms of CarGurus' personal information collection and use practices with respect to the Site. By using this Site, you consent to CarGurus' collection and use of personal information as set forth in CarGurus' Privacy Notice.
Prohibited Activities
By using this Site, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
- Content that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the Nasdaq Stock Market or the Toronto Stock Exchange;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the purpose of the area of the Site in which such Content is posted;
- Content submitted using the Site's vehicle listing lead forms or other lead submission functionality for any purpose other than genuine consumer inquiries relating to the vehicle listed, including (a) to promote products or services, (b) to inquire about or conduct dealer-to-dealer or other wholesale vehicle transactions, or (c) for any other business/commercial purpose; or
- Content that, in the sole judgment of CarGurus, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose CarGurus or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:
- Interfere with or disrupt the Site or our computer systems, servers, or networks;
- Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
- Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
Rights to User Content
Content submitted by users will be considered non-confidential and CarGurus is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, CarGurus reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. CarGurus is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to CarGurus. CarGurus shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personal information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CarGurus or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of CarGurus and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release CarGurus, and its licensees, successors and assigns, from any claims that you could otherwise assert against CarGurus by virtue of any such moral rights.
Grant of License; Use Of The Site
CarGurus grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2025, CarGurus, Inc., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by CarGurus; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, "deep link," "scrape," data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of CarGurus. To request permission, you may contact CarGurus as follows:
- By electronic mail to: copyright@cargurus.com
- Or by regular mail to:
Editor
CarGurus, Inc.
1001 Boylston Street, 16th Floor
Boston, MA 02115
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by CarGurus with or of you or any third-party entity, person, product or service unless express written permission has been given by CarGurus in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
Without limiting the foregoing, you represent and warrant that you are not listed on any government list of prohibited or restricted parties or on any sanctions, debarment or exclusion list or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country.
Accessibility
CarGurus is committed to making its digital properties, including mobile applications, reasonably accessible to individuals with disabilities. While CarGurus strives for substantial conformance with recognized accessibility standards (such as WCAG), CarGurus does not guarantee that every feature or function will always be fully accessible.
WARRANTY DISCLAIMER
CARGURUS, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND CARGURUS, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. CARGURUS, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. CARGURUS, INC. DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT CARGURUS, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER CARGURUS, INC., ITS AFFILIATES, SUBSIDIARIES, AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, CARGURUS ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF CARGURUS IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
YOU AGREE TO INDEMNIFY CARGURUS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Links To Other Sites
The Site contains links to third-party web sites. The linked sites are not under the control of CarGurus, and CarGurus is not responsible for the contents of any linked site. CarGurus provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CarGurus. Linked sites are owned and operated by independent retailers or service providers, and therefore, CarGurus cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their terms and conditions and privacy notices, before proceeding with any transaction with any of these third parties.
Digital Millennium Copyright Act Compliance
CarGurus complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CarGurus to locate the material;
- Information reasonably sufficient to permit CarGurus to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
- CarGurus, Inc.
- 1001 Boylston Street, 16th Floor,
- Boston, MA 02115
- copyright@cargurus.com
SMS Terms
If you submit your phone number on this Site, you agree to receive text messages in connection with your vehicle shopping interests. You may receive text messages from CarGurus and/or its subsidiaries or affiliates, from CarGurus' service provider(s), from a vehicle's seller or from any of seller's agents. Text messages from a vehicle's seller will be subject to the seller's policies, procedures, and compliance protocols, of which CarGurus has no control.
You can cancel the SMS service from CarGurus at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed from SMS messages from CarGurus. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding our privacy practices, please read our Privacy Notice.
Legal Disputes
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by CarGurus, and operated by CarGurus from its offices in and around Boston, MA. While CarGurus has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of Massachusetts and from each other. You and CarGurus both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and CarGurus explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. You agree that all claims you may have against CarGurus arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned "Dispute Resolution – Mandatory Arbitration and Class Action Waiver." If you choose to access this Site from locations other than Boston, MA, you will be responsible for compliance with all local laws of such other jurisdiction.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (“AGREEMENT”) AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION, AS WELL AS A RIGHT TO HAVE A TRIAL BY JURY.
For the purposes of this Section, the terms “CarGurus,” “our,” “we,” or “us” include CarGurus, Inc. its subsidiaries, affiliates, partners, vendors, or any of their respective officers, directors, or employees. CarGurus, Inc.’s subsidiaries, affiliates, partners, vendors, and any of their officers, directors, or employees are intended to be third-party beneficiaries of this Agreement.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us. In the unlikely event that our customer service department is unable to resolve your concerns, we each agree to resolve Disputes (defined below) through final and binding individual arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that we and you are each waiving a right to trial by jury. Notwithstanding the foregoing, either party may elect to have individual claims heard in small claims court so long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class action basis). Any dispute over whether claims qualify for small claims is for the small claims court to decide in the first instance and, if necessary, for a court of competent jurisdiction to decide.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND CARGURUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION IN RESPECT TO A DISPUTE AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
For purposes of this Section, “Dispute” shall include, but is not limited to any claims arising out of, or relating in any way to, the Terms and Conditions, Privacy Notice, the Site, content, your use of the Site or the interactive areas, even if the Dispute arises after the termination of your relationship with CarGurus.
The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Agreement – all of which are for a court of competent jurisdiction to decide.
1. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures
CarGurus values its customers and seeks to resolve disputes informally where possible. Therefore, you and CarGurus agree to engage cooperatively to try and resolve any Dispute informally prior to you or CarGurus initiating an arbitration proceeding.
To initiate a Dispute, you must send a detailed and individualized notice ("Notice") to CarGurus by email at legalnotices@cargurus.com. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for CarGurus to identify any interaction at issue (e.g., email communications, etc.); (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it; and (5) a statement that you personally reviewed the claim, that it is factually supported, and that it is not duplicative or frivolous. Your Notice must be individualized, meaning it can concern only your dispute and no other person's dispute. You must personally sign this Notice (your counsel's signature, if represented, is not sufficient).
Our notice to you must be sent to the most recent contact information you have provided to us.
For a period of 60 days from the date of receipt of a completed Notice, you and CarGurus will work together using reasonable efforts to try and resolve this Dispute. Should either party request a telephone or video conference in an effort to resolve the Dispute as part of this informal process, you and CarGurus agree to personally participate (with your counsel, if you are represented). You and CarGurus agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time (which can be held after the 60-day period) and to seek to reach a resolution.
Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process. Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you and your counsel, if represented. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this mandatory informal dispute resolution process.
2. Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator that you and CarGurus mutually select pursuant to the AAA's rules, including the AAA's Consumer Arbitration Rules and Mediation Procedures, Supplementary Procedures for Consumer-Related Disputes, and/or Mass Arbitration Supplementary Rules, available at http://www.adr.org or by calling 800-778-7879.
To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Attn: General Counsel, CarGurus, Inc., 1001 Boylston Street, 16th Floor, Boston, MA 02115. The arbitration demand must be accompanied by a certification of completion of the mandatory informal dispute resolution process and a copy of the Notice. This certification of completion must be personally signed by you and your counsel (if you are represented by counsel). If CarGurus is initiating arbitration, the arbitration demand and certification must be personally signed by a CarGurus representative or its counsel (if CarGurus is represented by counsel).
By signing or filing the arbitration demand, the party and the party’s counsel initiating the arbitration certify that to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances, that: (1) the arbitration demand is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law on represented parties and their counsel for either party’s violation of this requirement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. The arbitration will be conducted based upon written submissions unless either party requests, and the arbitrator agrees, that a telephone or in-person hearing is necessary. If the arbitrator determines an in-person hearing is necessary, the hearing will proceed in Boston, Massachusetts, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America). The arbitration shall be governed by the laws of the Commonwealth of Massachusetts.
UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND CARGURUS AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S CLAIM. ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
Additional Procedures for Mass Arbitration. You and CarGurus agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this Arbitration Agreement) shall also apply in the event of a “Mass Arbitration” (defined below). These Additional Procedures are intended to promote efficiency, prevent abusive filings, and conserve resources, while ensuring that each claimant retains the right to pursue their claim.
If claimants (including you) assert or seek to assert 25 or more similar arbitration demands against CarGurus with the same counsel or counsel acting in coordination (“Mass Arbitration”), these provisions, and the AAA Mass Arbitration Supplementary Rules shall apply to the extent they are not inconsistent with these Additional Procedures.
You acknowledge and agree that, by participating in a Mass Arbitration, the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Dispute, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Disputes, including to engage with the arbitration administrator to address threshold administrative issues.
If your Dispute is part of a Mass Arbitration, any applicable limitations period (including statute of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Counsel for the individuals and counsel for CarGurus shall each select 5 cases (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 5 cases selected randomly by the AAA. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties. The parties will either agree that the staged arbitrations will take place in Massachusetts, or will meet and confer in good faith to arrange for a mutually convenient location or manner for the arbitration of Disputes selected for this initial staged process to take place. The AAA will determine a place for the staged process if the parties cannot reach agreement within thirty (30) days.
Any cases filed that are deemed to be part of the same Mass Arbitration shall be held in abeyance and shall not have any fees or costs assessed or collected in connection with those claims by the AAA until they are selected to proceed to individual arbitration as part of a staged process described in this section. Arbitration awards in one arbitration or batch of arbitrations shall have no precedential effect on subsequently administered batches.
In addition to any mediation required by AAA, if the parties are unable to resolve the remaining cases after the conclusion of the first stage of arbitration proceedings, the parties shall participate in a mediation session before a mediator jointly selected by counsel for the parties in an effort to resolve the remaining Disputes. If the parties are unable to resolve the remaining claims within thirty (30) days of the close of mediation, then counsel for the individuals and counsel for CarGurus shall each select another 5 cases (per side) to proceed in individual arbitration proceedings as part of a second staged process. If the parties are unable to resolve the remaining cases after the conclusion of the second stage of arbitration proceedings, the parties shall participate in a second mediation session before a mediator jointly selected by counsel for the parties in an effort to resolve the remaining Disputes. Upon the conclusion of the second mediation session, any Disputes part of the Mass Arbitration that are not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms and Conditions. Notwithstanding the foregoing, counsel for the parties may mutually agree to proceed with the adjudication of some or all of the remaining disputes in arbitration and a second mediation session. Moreover, for any mediation, CarGurus shall pay the mediation fee for the first day; if the parties agree to continue mediation past one full day, the mediator will determine payment of fees for successive days needed.
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration section of the Arbitration Agreement, including by enjoining the filing, prosecution, or administration of arbitrations, and the assessment or collection of arbitration fees.
The Additional Procedures for Mass Arbitration set forth herein and each of its requirements are essential parts of the Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
Class Action Waiver. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CARGURUS WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
Jury Trial Waiver. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CARGURUS WAIVE THE RIGHT TO A JURY TRIAL.
Injunctive Relief. Notwithstanding the foregoing, nothing in these Terms and Conditions shall prohibit or limit You or CarGurus from seeking provisional remedies including, but not limited to, injunctive relief (including public injunctive relief) from a court of competent jurisdiction. In the event either party is permitted to seek such relief in court, all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court shall be stayed until arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
The arbitrator will apply and be bound by these Terms and Conditions, apply applicable law and the facts, and issue a reasoned decision or award.
In arbitration, and to the extent otherwise permitted by law, the parties may exchange "offers of compromise" or stipulate to judgments or awards in the same way the parties could in court. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall remain confidential, except for purposes of seeking court intervention (if necessary).
Severability. If any part of this "DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section is ruled to be unenforceable, then the balance of this "DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER" Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although CarGurus has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, CarGurus is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. CarGurus shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Modifications to the Site
CarGurus may change, restrict access to, suspend, or discontinue any aspect of the CarGurus.com service or the Site at any time, including availability of any feature, database, or content. CarGurus may also impose limits on certain features and services or restrict your access to all or parts of the CarGurus.com web site without notice or liability. CarGurus may remove any review from the Site if CarGurus determines, in its sole discretion, that the review may be false or fraudulent. CarGurus may exclude or remove vehicle prices from the Site if CarGurus determines, in its sole discretion, that the prices violate Guidelines for Dealer Pricing and Marketing, which are accessible to vehicle dealers at https://www.cargurus.com/Cars/DealerPricingPolicy.html. CarGurus may exclude or remove from the Site embedded contact information in (i) a dealer's description of a vehicle and/or (ii) images, often known as "Watermarking," if CarGurus determines in its sole discretion that such information is embedded with the intent of circumventing the CarGurus lead routing process.
CarGurus reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to CarGurus' attention and that CarGurus considers unacceptable or inappropriate, whether for legal or other reasons.
Termination
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
Miscellaneous
This agreement may not be assigned by you without the prior written consent of CarGurus. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. CarGurus may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this Agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of CarGurus, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
These Terms and Conditions and CarGurus' Privacy Notice represent the entire agreement between you and CarGurus with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and CarGurus with respect to same. Any rights not expressly granted under this Agreement are reserved.
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