TERMS OF USE OF SITE

PLEASE READ CAREFULLY BEFORE USING THE CARSOUP.COM SITE OR MOBILE APPLICATION (collectively the “Site”). Your use of the Site constitutes your acceptance of, and agreement to comply with the following Terms of Use. If for any reason you do not feel that you can comply with our Terms of Use, you should immediately end your visit and make no further use of our services.
You may have accessed the Site through a version that CarSoup of Minnesota, Inc. or its subsidiary (“CarSoup”) licenses to, or co-brands with franchisees, newspaper or broadcast market affiliates, or other entities with whom we have a distribution relationship (“Affiliates”). These Terms of Use apply to the Site even if it is co-branded with an Affiliate or accessed through the Affiliate’s website. However the Terms of Use are specific to the Site; the Affiliate may have different terms of use for the content of its website that is not delivered through the Site.
These Terms of Use also apply to access to, and interactions with CarSoup and its affiliates through social media. Finally, these Terms of Use apply to the vehicle-specific websites (e.g. CycleSoup.com, BoatSoup.com) that we operate in connection with the carsoup.com site.
For ease of reference, we have organized our Terms of Use by subject matter so that you can quickly research questions that relate to your intended use:
  1. Access to, and Use of Information on the Site
  2. Use of Services Available on, or Through the Site
  3. User Conduct on the Site
  4. User Placement of Information on the Site
  5. Collection, Storage and Use of Information about Users
  6. General Terms
1. ACCESS TO, AND USE OF INFORMATION ON THE SITE
A. License for Personal Use
The compilation of information contained on the Site, and all of the text, graphics, code, multimedia clips, images and other copyrightable material created by CarSoup and its franchisees and affiliates are owned by CarSoup and, if applicable, its franchisees and affiliates. All rights are reserved and use is subject to the following license. In addition, CarSoup licenses video, graphics, content, and online services that are made available on the Site. Rights with regard to licensed materials are similarly reserved by their owners and use is subject to the following license. Users of the Site are granted a limited license to display, review and make personal use of information from the Site. You can search for specific information to be used by you in connection with purchase or sale of a vehicle or acquisition of vehicle-related products or services. Furthermore, you can interact with, copy or download a single copy of a page(s) containing information directly relating to that personal use. However, any wide-scale copying or other use of that information is strictly prohibited. The information compiled and published by CarSoup and its affiliates, or material components thereof, cannot be legally reproduced, stored in any information retrieval system, republished, or re-disseminated in any manner of form without first having obtained our prior written consent. You are specifically not permitted to harvest information from the Site to further business endeavors, directly or through another person, bot, mass program or other tool used to mass mine content.
B. Software and Database Structure
All software and databases utilized to operate the Site, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by CarSoup or, if applicable, its Licensors. Any unauthorized access to, or reproduction, redistribution, publication, display or other use of the Software is expressly prohibited.
C. Ability to Restrict Use of the Site
CarSoup reserves the right to impose limitations on the number or type of searches being conducted on the Site. We also reserve the right to deny access to the Site or to discontinue existing services
D. Linking to Site
If you operate a website and wish to link to the Site, you must link only to the Site's home page unless we have given you prior written consent to link to another page(s). We reserve the right to reject or terminate any links to the Site or to content on the Site.
E. Trade Marks
Words, phrases, names, designs or logos used on the Site (including CARSOUP.COM and the CARSOUP.COM design) constitute trade marks, service marks or trade names of Carsoup or other entities. The display of any marks on the Site is not intended to, and does not grant to users a license to utilize those marks without the express written consent of their owners. You cannot alter or remove any “tm” or “®” or other notice of trademark rights from any permitted copies of content of the Site which you obtain. Furthermore, you are not permitted to utilize marks or content from the Site in any manner that implies an affiliation or association with, or sponsorship or endorsement by CarSoup that is unknown and or unauthorized by us.
F. NO WARRANTIES OF SITE PERFORMANCE
ACCESS TO THE SITE IS PROVIDED ON AN “AS IS” BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE WILL BE ERROR FREE OR THAT THE SITE WILL ALWAYS OPERATE WITHOUT INTERRUPTION.
CARSOUP DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING USE OR PERFORMANCE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
G. No Warranties or Representations About Information
We operate the Site as an online advertising and research service for vehicle buyers, sellers and enthusiasts. Information found on this Site is for user research purposes only and comes from a variety of sources. CarSoup is not a seller, buyer, broker, dealer, agent, trader or participant in users’ efforts to find or sell vehicles. Similarly, we are not a provider, partner, broker, or agent for vehicle-related products or services offered by third parties.
We do not sell, inspect, certify or warrant any of the vehicles listed for sale on the Site. All information is believed to be reliable but is not warranted in any form. We reserve the right to remove any information we discover to be inaccurate or fraudulent. Prices listed by a selling party may be subject to additional fees, taxes, and transfer costs. Buyers should independently verify all listed vehicle information with the selling party before buying and confirm that the vehicle is in good working order. We also suggest that Sellers use caution to ensure that they receive proper payment for vehicles sold to people who contact them as a result of a listing that appears on the Site.
As a consequence of the foregoing, CarSoup expressly disclaims, to the maximum extent permitted by law, all express and implied warranties relating (a) to information appearing on the Site including, without limitation, the implied warranties of merchantability and fitness for a particular purpose and (b) to performance of the vehicle listing service including, without limitation, whether you found a vehicle at a favorable price or were successful in selling your vehicle. The Vehicle Listing Agreement contains our sole warranty with respect to people who pay money to list their vehicles on the Site.
H. Advertisers, Sponsors and Subjects of Research
No mention of a company or its product or service on the Site should be construed as an endorsement of that party or its product or service. We do not independently evaluate and cannot guarantee the quality, accuracy, completeness or timeliness of information provided by third parties on or through the Site. Also, the Site may contain links to other sites. These other sites are operated by parties other than CarSoup. We are not responsible for the accuracy or appropriateness of the information contained on third party sites nor do the links constitute endorsement of the content of, or viewpoints expressed at sites maintained by others.
Advertisers on the Site may include information about special offers, incentives, or pricing programs associated with specific vehicles or services ("Offers"). We are not responsible for the content of any such Offers. Thus we similarly are not responsible for any errors or omissions in Offer contents or descriptions. You should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability of the product or service covered by the Offer.
I. LIMITATION OF LIAIBLITY
IN NO EVENT, WHETHER BECAUSE OF A CLAIM OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER REASON, WILL CARSOUP BE RESPONSIBLE TO PAY YOU MORE THAN WHAT YOU PAID TO US FOR A SERVICE WE PROVIDED. YOU ARE SPECIFICALLY NOT ENTITLED TO RECOVER INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING ANY DELAY, LOSS OF USE, LOST DATA, OR LOST PROFITS DAMAGE CLAIMS, REGARDLESS OF WHETHER WE WER INFORMED OF THE POSSIBILITY OF CONSEQUENTIAL OR OTHER DAMAGES.
2. USE OF SERVICES AVAILABLE ON, OR THROUGH THE SITE
A. Minimum Age
No one under eighteen (18) years of age is permitted to contract for services we offer on the Site. The information and services offered on the Site are specifically targeted to adults.
B. Specific CarSoup Service Programs
Specific services we offer, whether for free or for a fee (e.g. “Sell it Yourself” services, MyGarage), have specific terms and conditions to which you must agree in order to obtain those services. However the provisions of these general Terms of Use, including the warranty disclaimers and the limitation of liability, apply to those services.
C. Third Party Services
You may, from time to time, be able to obtain or access services from third parties on, or from the Site. We are not responsible for any products or services you acquire from third parties, including advertisers and sponsors, as a consequence of your use of the Site.
D. ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
E. YOUR ACCOUNT (My Garage)
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CarSoup does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. CarSoup reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
F. OTHER BUSINESSES
Parties other than CarSoup sell products and offer services on the Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. CarSoup does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
G. DISPUTES
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by CarSoup will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
3. USER CONDUCT ON THE SITE
The following is a partial list of the kinds of activities that are prohibited on or through the Site:
(a) engaging in any fraudulent or illegal conduct, including false advertising ; (b) posting material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) engaging in activities or submitting material that could be harmful to minors; (d) engaging in activity or submitting material that harasses or advocates harassment of another person; (e) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to CarSoup users or others; (f) engaging in activity or submitting material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (g) submitting material that contains restricted or password-only access pages, or hidden pages or images; (h) submitting material that displays or links to pornographic or sexually explicit material of any kind; (i) submitting material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (k) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (l) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to CarSoup’s advertisers or sponsors; (m) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (n) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (o) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (p) taking any action that imposes an unreasonable or disproportionately large load on CarSoup's hardware and software infrastructure (collectively, "Prohibited Activities").
We reserve the right to immediately terminate any Prohibited Activities and/or to report them to appropriate authorities.
4. USER PLACEMENT OF INFORMATION ON THE SITE
A. Unsolicited Content
We do not accept unsolicited content or ideas for use or publication on our Site or in other digital, electronic or print media except in connection with social media postings and blogs, forums, chat rooms and bulletin boards on the Site. If you wish to publish information on our Site, please contact us at the address contained in the General Terms section so that the material you wish published can be properly reviewed.
B. Vehicle-Related Information
When you voluntarily use our Site for the purpose of selling your vehicle and in doing so submit vehicle information including its details, VIN and photographs, license plates, as well as your name and contact information, you are doing so with the intention of having this information become public. Therefore the information voluntarily submitted by you is considered “non-confidential” by us and we have no obligation to protect it. We reserve the right to use your vehicle content in a manner consistent with the general purpose of collecting and disseminating information about vehicles available for purchase. That could be re-publication of listing information in our advertising, social media, blog posting, articles or other mass messaging tools. By posting your information with us you are giving us your permission to so use the information you have provided and grant to us a nonexclusive, royalty free, perpetual, transferable license to publish, store, reproduce, modify, edit, distribute, transmit, your information, and to use it in connection with the creation of compilations and derivative works consistent with the purpose of the Site.
C. Interactive Forums
This Site may offer message boards, bulletin boards, chat rooms, social media pages or other forums (collectively, "Forums") to give users 18 years of age and older an opportunity to express their opinions and share their ideas. If you elect to participate in a Forum, you are expected to use good judgment and be respectful of other participants. You are also prohibited from engaging in any Prohibited Activities (as defined below).
CarSoup cannot and does not monitor all of the content posted in Forums even if its representatives are participating in discussions. We do not warrant or endorse any information transmitted by participants, including ourselves, in a Forum. We reserve the right, in our sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Forum content without notice, at any time for any reason. CarSoup will not be liable to you or others for any claims, actions or judgments arising out of or related to postings on Forums.
D. Impermissible Postings
You cannot post or publish any of the following on the Site, on our social media pages, or in any Forum:
(i). Any message or content that is created by someone other than you unless you have specific right or license to utilize that copyrighted work. This includes music, photographs, quotes, trademarks, codes or others.
(ii). Any material that could be, or has been considered unlawful, untrue, racist, sexist, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, disruptive, invasive, knowingly harmful, fraudulent, ill intended or slanderous and or otherwise deemed objectionable or inappropriate.
(iii). Any material that is, or could be considered to be for use in for fraudulent or criminal actions or that violates the rights of any party or individual living or dead, human or animal.
(iv). Content that knowingly impersonates any person or in any way misrepresents your affiliation with a person or entity.
(v). Content that infringes on any patent, trademark, trade secret or intellectual property right of any party public or private.
(vi). Content that knowingly or unknowingly shares any personally identifiable information of another party without that party’s expressed consent.
(vii). Viruses, corrupt data, destructive files or anything intended to cause technology harm
E. Representations Regarding User Material
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit any material you cause to be published on the Site, (b) the material you cause to be published does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the material you cause to be published does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person.
5. COLLECTION, STORAGE AND USE OF INFORMATION ABOUT USERS
The manner in which we collect, store and use information obtained through operation of the Site, including personally identifiable information, is described in our Privacy Policy. Click here to review that Privacy Policy. Use of the Site constitutes consent to uses of user-related information in the manner described in our Privacy Policy.
6. GENERAL TERMS
A. Contact Information
Requests to make use of Site content for any purpose other than personal, noncommercial use should be directed to CarSoup, Attn: Content Consents, 1401 American Blvd E, Suite 6, Bloomington MN 55425. You can email us at help@carsoup.com. You can similarly use that contact information if you have questions about these Terms of Use.
B. Modifications to Terms of Use
These Terms of Use may be changed or updated by CarSoup at any time. The modified Terms of Use will become effective when they are published on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Use shall similarly constitute your agreement to be bound by any such changes. CarSoup.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.
C. Indemnification of CarSoup
You agree to release, defend, indemnify and hold CarSoup and its affiliates harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, brought against or incurred by CarSoup and its affiliates as a result of (i) any distribution, publication, or other use of the materials you provide to the Site or any Forums, or (ii) your breach of any these Terms of Use.
D. Jurisdiction and Exclusive Forum
Any dispute arising from, or relating to (i) use of the Site, including services offered on the Site, or (ii) alleged violations of these Terms of Use shall be exclusively resolved in the courts of the State of Minnesota, USA and users of the Site consent to the jurisdiction of Minnesota courts. These Terms of Use shall be interpreted pursuant to Minnesota law regardless of conflict of law principles.
E. Termination of Service
You understand and agree that CarSoup may, in the exercise of its sole and unqualified discretion, cause your access to the Site to be immediately terminated or suspended if it is believes that you have (a) violated these Terms of Service, or (b) used access to the Site to violate or infringe the rights of CarSoup, its affiliates, its licensors, or any other user of the Site, or (c) used access to the Site to materially violate any law, regulation or industry standard or code, or (d) used access to the Site to engage in otherwise objectionable, inappropriate or fraudulent conduct. CarSoup’s ability to terminate access to the Site is in addition to all other remedies available to it to address the conduct about which it is concerned. Its remedies are cumulative.
F. Non-Waiver
Any willingness by CarSoup to not immediately enforce any provision of this Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
As noted earlier, if you do not agree to be bound by the Terms of Use of the Site, please click on the BACK button on your Web browser until you have left the Site.

Legal Disclaimer

CarSoup.com does not sell, inspect, certify or warrant any of the vehicles listed for sale on our website.

We suggest that before buying a vehicle listed on CarSoup.com you check with the selling party to confirm that the information published about the vehicle is accurate and the vehicle is in good working order.

All information is deemed reliable but not guaranteed. CarSoup disclaims any warranty as to the accuracy of data listed.

Buyers should independently verify all listed vehicle information with the selling party before buying.

© 2016 CarSoup of Minnesota INC 1401 American Blvd E, Suite 6 Bloomington, MN 55425
Last updated on 8/17/16