User Agreement

By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the User Agreement set forth below.

  1. ACCEPTANCE OF TERMS.

Bettar, Inc. and its subsidiaries (“Bettarcar,” “Company,” “we,” “us,” or “our”) provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read this User Agreement before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by this User Agreement (“User Agreement”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the User Agreement, you are not authorized to use this website or the Services. This User Agreement also applies to any co-branded or framed version of this website.

Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the User Agreement. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the User Agreement.

This website is controlled and operated by the Company from its offices within the United States. The Company makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

  1. USER CONDUCT.

You are authorized by the Company to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Bettarcar’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.

In order to access certain features of this website you may be required to register. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Bettarcar in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Bettarcar is not liable for any loss or damage arising from your failure to comply with this section.

You agree not to modify the Services or use modified versions of the Services (except if modified by Bettarcar), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Bettarcar for use in accessing the Services.

  1. TELEPHONIC AND ELECTRONIC COMMUNICATIONS WITH BETTARCAR AND THIRD-PARTY PARTNERS.

You acknowledge that telephone calls to or from Bettarcar and/or third-party partners (“Bettarcar Parties”) may be monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to Bettarcar Parties, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your account registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us by texting STOP to any text message or calling us, in accordance with the instructions below.

You agree to indemnify, defend and hold the Bettarcar Parties harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

You acknowledge that by voluntarily providing your telephone number(s) to Bettarcar Parties, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to your relationship with Bettarcar Parties. This does not mean that all calls or text messages to you will be sent through automated means. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of any purchase, lease, financing or loan. Calls or text messages may be sent by Bettarcar Parties even if your telephone number is registered on any state or federal Do Not Call list.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. We may use different shortcodes or phone numbers for different purposes to better serve you. Texting STOP to one shortcode or phone number does not effectuate a stop request for all shortcodes or phone numbers to which you are subscribed. If you would like to stop messages from multiple shortcodes or phone numbers, text STOP to each shortcode or each phone number to which you would like to unsubscribe.

To opt-out of automated telephone calls from Bettarcar (but not text messages), call (855)-605-8600. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. To opt-out of receiving automated telephone calls or texts from third-party partners, please contact them directly. We are not responsible for unwanted contact from third parties. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, Bettarcar Parties reserve their right to make non-automated calls to you relating to your account, any transaction, or their relationship with you. Your obligations under this Section shall survive termination of this User Agreement.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.

  1. PRIVACY.

Bettarcar is committed to respecting your privacy and protecting your personally identifiable information. Upon your request, Bettarcar shares the information you enter on this website with our partners in order to provide you with the information you requested, and with other service providers associated with the Services. Bettarcar account data and certain other information about you and that you enter and/or we collect through your use of this website are subject to the Bettarcar Privacy Policy. You understand that through your use of the Services, including this website, you consent to the collection and use (as set forth in the Bettarcar Privacy Policy https://bettarcar.com/privacy-policy) of this information. Please review our Privacy Policy for further information on our data collection and use practices.

  1. SERVICES.

All information provided on this website is for informational purposes only. Information displayed through the Services related to any virtual vehicle you may configure, such as monthly payment or available options, either reflects or is based on available data relevant to your virtual vehicle and may not reflect the actual price for which you may purchase the vehicle. Information you may receive from third parties is provided directly to you by that third party and is not provided by Bettarcar. You acknowledge and agree that any products or services offered by third parties are offered by the third party and that Bettarcar shall have no liability with respect to any product, service or transaction between you and the third party.

Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, or any financing of or insurance relevant to those vehicles, is guaranteed or controlled by Bettarcar, and Bettarcar assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Bettarcar is not responsible for any errors, discrepancies, or mistakes in reports or information from an unaffiliated third party. You are encouraged to thoroughly review any documents you are asked to sign related to your vehicle and/or for other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to [email protected].

If, for some reason, the vehicle you select on our website becomes unavailable after agreeing to this User Agreement, Bettarcar will notify you, and, if the alternative vehicle Bettarcar identifies is unacceptable to you, you may cancel with no penalty and receive a full refund of any monies paid.

  1. ACCURACY OF WEBSITE INFORMATION.

Bettarcar designed its Services to meet your car-shopping needs by providing you with accurate and up-to-date information about vehicles available through our Services. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices for or features/accessories on particular vehicles, the availability of credit, the terms of any such credit, and any features that may estimate credit terms. Additionally, the color and general appearance of vehicles in photographs may appear differently in person. Bettarcar does not guarantee the accuracy of such information. All vehicles are subject to prior sale and may not be available when you are ready to purchase. Further, Bettarcar reserves the right to change product or credit pricing and specifications, as well as the terms of our guarantees or warranties, without notice. You agree that reliance on the vehicle listings and descriptions of the Services is at your own risk.

  1. NO COMMERCIAL USE OF SERVICES.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.

  1. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES.

Bettarcar reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Bettarcar also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Bettarcar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

  1. INDEMNIFICATION.

You will indemnify, defend and hold harmless Bettarcar and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Bettarcar Entities”) from all claims, whether actual or alleged (collectively, “Indemnified Claims”), that arise out of or in connection with a breach of this User Agreement, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against a Bettarcar Entity, subject to such Bettarcar Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Indemnified Claims against a Bettarcar Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Bettarcar Entity without its prior express written consent.

  1. ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO BRING COLLECTIVE ACTION.

You and Bettarcar agree to final and binding arbitration of all Claims (as defined in the Arbitration Agreement) before the American Arbitration Association pursuant to the written Arbitration Agreement (the “Arbitration Agreement”). PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THOSE TO WHOM YOU PROVIDE ACCESS TO YOUR ACCOUNT. THE AGREEMENT TO ARBITRATE ALL CLAIMS IS A CONDITION OF YOUR USE OF THE BETTARCAR WEBSITE AND/OR ANY OF THE SERVICES REFERENCED HEREIN.

YOU AND BETTARCAR EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. CUSTOMER AND COMPANY AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO COMPANY’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “CUSTOMER” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF CUSTOMER AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “COMPANY” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. CUSTOMER AND COMPANY AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Customer only and is not made part of a class action, private attorney general action or other representative or collective action. If any portion of this section is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of it shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction. A party must send a written Notice of Dispute (“Notice”) describing: the nature and basis of the Claim; and the relief sought, to the other party. If the Company and you do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by the Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties. You may opt out of mandatory arbitration within 30 days of executing this agreement by emailing the Company written notice. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim. You will be responsible for your share of any administrative arbitration fees but only up to the amount of filing fees you would incur if the Claim were filed in court. Company will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that you incur in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse Company for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Company may seek reasonable attorney’s fees. Company will pay all fees and costs it is required by law to pay.

  1. CHOICE OF LAW.

Except as otherwise expressly provided in the Bettarcar Arbitration Agreement (which applies the Federal Arbitration Act), the relationship between you and Bettarcar are governed by the laws of the State of Delaware without regard to its conflict/choice of law provisions.

  1. DISCLAIMER OF WARRANTIES.

THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, BETTARCAR DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BETTARCAR OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Bettarcar is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the manufacturer and authorized repair center directly.

  1. LIMITATION OF LIABILITY; WAIVER.

IN NO EVENT SHALL THE BETTARCAR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE BETTARCAR ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

  1. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. NOTICE.

Bettarcar may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Bettarcar will have no liability associated with or arising from your failure to maintain and supply Bettarcar with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.

  1. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY.

You agree that all of Bettarcar’s trademarks, trade names, service marks, logos, brand features, and product and Service names as well as this website, software, text, graphics, images, designs, sound recordings, audiovisual works and other material provided by or on behalf of us are trademarks and the property of Bettarcar or licensed to Bettarcar by a third party, and that you will not display or use any of the foregoing without Bettarcar’s prior written approval in each instance.

You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Bettarcar. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

  1. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS.

Bettarcar respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

  • a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
  • a description of where the material that you claim is infringing is located on our website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Bettar, Inc.
Attn: Legal Department
2929 Arch Street, Suite 1700
Philadelphia, PA 19104

  1. GENERAL INFORMATION.

This User Agreement may be amended from time to time without notice in Bettarcar’s sole discretion. Any changes to the User Agreement will be effective immediately upon the posting of the revised User Agreement on this website. The User Agreement, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Bettarcar and govern your use of the Services, including this website, and supersede any prior version of this User Agreement between you and Bettarcar with respect to the Services. You agree that no agency relationship is created between you and Bettarcar as a result of this User Agreement or your access to and/or use of the Services. The failure of Bettarcar to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third-party beneficiaries to this User Agreement. The headings in these User Agreement are for convenience only and have no legal or contractual effect. As used in this User Agreement, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the User Agreement to [email protected].

  1. ADDITIONAL PROMOTIONAL TERMS.

From time to time, Bettarcar may offer sweepstakes, contests, raffles, surveys, games or similar promotions, discounts, or other programs on the sale of a vehicle (collectively “Promotions”). Any Promotions made available through the Services may be governed by rules that are separate from this User Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this User Agreement, the Promotion rules will govern.

Last updated on and effective as of February 15, 2024

Contact:

Bettar, Inc.
2929 Arch Street, Suite 1700
Philadelphia, PA 19104
(855) 605-8600
[email protected]