Terms of Service
1) Acceptance of Terms
By accessing our website, submitting an inquiry, creating an account, or purchasing services (the “Services”), you agree to these Terms of Service (“Terms”) and our Privacy Policy, Refund Policy, SMS/Text Terms, and E-Sign Disclosure, which are incorporated by reference. If you do not agree, do not use the Services.
2) What We Do (Services)
Automotive Ally provides buyer-side consulting and coordination related to vehicle purchases, including research, market scanning, quote requests, deal audits, scheduling, and document coordination. We are not a motor vehicle dealer, lender, insurer, transportation broker, or legal/tax advisor. We do not take title to vehicles or hold customer funds.
3) Your Role & Eligibility
You must be at least 18 and legally able to enter contracts. You agree to provide accurate information (e.g., identity, contact details, vehicle preferences, trade-in info) and to promptly update any changes. You are responsible for reviewing all sales and finance documents from the selling dealer.
4) Independent Status; Dealers & Vendors
Partner dealerships and service vendors (e.g., transporters, mobile notaries) are independent and not our agents or employees. We do not control dealer or vendor decisions, inventory, pricing, or timelines. Any sale or lease contract is solely between you and the selling dealer (and lender, if applicable).
5) Communications Consent; E-Sign
You consent to receive emails, texts, and calls about the Services. See Consent Policy for more info.
6) Document Uploads & Data Handling
Upload only what we request through our secure channels. Do not submit highly sensitive data unless explicitly requested. You represent you have the right to share uploaded documents and that they are accurate. We use your information to provide the Services and share it only with the dealership you select or approve, plus essential processors (hosting, e-signature, payments, scheduling) that act on our instructions. See our Privacy Policy.
7) Fees, Billing & Refunds
Service pricing is shown at checkout or in your service agreement. You authorize us (and our processors) to charge the payment method you provide. Services are non-refundable except as stated in our Refund Policy (financing not approved, dealer denies service, or no qualifying vehicle availability). All other refunds/credits are at our discretion.
8) Availability, Timelines & No Guarantees
Vehicle availability, pricing, incentives, trade values, interest rates, and delivery options change frequently and are outside our control. We do not guarantee specific vehicles, savings, trade values, financing approval, or delivery dates. Any estimates are illustrative and not binding.
9) Off-Site Delivery; Transport; Risk of Loss
Off-site delivery (home/workplace) is subject to dealer/OEM approval and may not be available. If approved, the transaction is governed by the same terms and obligations as on-site delivery under Tennessee law and the dealer/OEM’s policies, including any inspection/return/cancellation periods.
During any vehicle transport, you are responsible for maintaining insurance coverage effective from release by the dealer through delivery. Transporters are independent contractors; Automotive Ally is not liable for in-transit damage, delay, or loss. Your recourse is with the transporter and/or your insurer. Inspect the vehicle on delivery and note exceptions on the bill of lading. (See our Insurance & Delivery Waiver.)
10) Your Responsibilities
Provide accurate information and timely responses.
Review quotes, buyer’s orders, and contracts before signing.
Bring required documents/funds to signings and deliveries.
Comply with applicable laws, dealer requirements, and lender conditions.
Do not misuse the Services (no scraping, reverse engineering, spamming, or unlawful use).
11) Intellectual Property
Site content, trademarks, logos, and materials we create (e.g., deal analyses, checklists) are owned by us or our licensors and protected by law. You receive a limited, non-exclusive, non-transferable license to use the site and deliverables for your personal purchase decision.
12) Feedback & Testimonials
If you provide feedback or testimonials, you grant us a nonexclusive license to use them (with first name/initial and city/state only, unless you authorize otherwise) for marketing and service improvement.
13) Third-Party Links & Tools
Our site may link to third-party websites and tools. We are not responsible for their content, policies, or practices.
14) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation.
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMOTIVE ALLY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOSS OF DATA; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO AUTOMOTIVE ALLY FOR THE SERVICE AT ISSUE IN THE 6 MONTHS PRECEDING THE CLAIM. Some states do not allow certain limitations; rights may vary.
16) Indemnification
You agree to defend, indemnify, and hold harmless Automotive Ally and its officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your breach of these Terms or applicable law; (c) your uploaded content or misstatements; or (d) disputes with dealers, transporters, or other third parties you select or approve.
17) Dispute Resolution; Governing Law (Tennessee)
These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law rules. Any dispute arising out of or relating to the Services or these Terms will be resolved by binding arbitration in Hamilton County, Tennessee, before a single arbitrator under the rules of the American Arbitration Association. You and we waive any right to a jury trial and to participate in a class action. Either party may seek provisional relief in a Tennessee court to protect its rights pending arbitration.
18) Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, supply interruptions, or outages of networks or platforms.
19) Changes to the Services or Terms
We may update the site, Services, or these Terms from time to time. We’ll post the updated Terms with a new Effective Date. Your continued use after changes means you accept the updated Terms.
20) Termination
We may suspend or terminate access to the Services for any violation of these Terms or misuse. You may stop using the Services at any time. Sections that by their nature should survive (e.g., fees, IP, disclaimers, limitations, indemnity, dispute resolution) will survive termination.
21) Entire Agreement; Severability; Assignment
These Terms, together with the incorporated policies, are the entire agreement between you and us. If any provision is found unenforceable, the remainder remains in effect. You may not assign your rights without our consent; we may assign to an affiliate or successor.