Terms Of Use
DARCARS AUTOMOTIVE GROUP
WEBSITE TERMS OF USE
Last Updated: May 18, 2026
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE DARCARS WEBSITE.
These Terms form a legal agreement ("Agreement") between DARCARS Automotive Group and you, the individual ("you" and "your") concerning your access to and use of the DARCARS website located at DARCARS.com and any of its content or features ("Website"), and any services offered through the Website ("Services"). Use of the Website or any Services constitutes your acceptance of these Terms. Please print a copy of these Terms for your records.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR THE SERVICES.
ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 11 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND DARCARS THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER DETAILED IN SECTION 11.
1.Services
DARCARS provides through the Website a variety of services and features designed to assist you in exploring, purchasing, financing, and servicing vehicles. These Services include, without limitation: searching and comparing new and used vehicle inventory; submitting purchase inquiries and scheduling test drives; researching work trucks and commercial vehicles and submitting custom orders; scheduling service appointments and collision center estimates; accessing educational content and vehicle comparisons; submitting credit applications and exploring financing options; learning about DARCARS's community involvement and partner programs; and accessing links to DARCARS's social media pages and third-party platforms. The Website may be viewed in English or Spanish and includes accessibility features. Unless otherwise stated, your use of any third-party service, platform, or website accessed through the Website is subject to that third party's own terms, not these Terms.
2.Important Disclaimers Regarding Vehicles, Pricing, and Availability
You acknowledge and agree to the following:
3.Telemarketing Consent
Certain features of the Website, including the Purchase Inquiry form, may provide you with the option to consent to receive telemarketing communications from DARCARS. By checking the applicable consent box, providing your phone number and hitting submit, you are providing prior express written consent to receive prerecorded or artificial voice telemarketing calls and text messages from DARCARS, its dealerships, affiliates, and service providers acting on their behalf, at the phone number you provide using an automated telephone dialing system. You agree that your consent is being provided in a form that satisfies the requirements of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). You understand that: (a) consent is not a condition of any purchase; (b) message frequency varies; (c) message and data rates may apply; (d) you may reply STOP to any text message to opt out of receiving further text messages; (e) you may reply HELP to any text message for assistance; and (f) you may revoke your consent at any time by contacting DARCARS at customerreations@darcars.com, by replying STOP, or by following the opt-out instructions provided in any communication. Please refer to our Privacy Notice for additional details regarding how your personal information is used in connection with telemarketing.
4.Your Representations and Warranties
By using the Website, you represent and warrant the following:
5. Personal Information and Privacy Notice
Upon using the Website and its features, you may furnish information to DARCARS, including details such as your name, email address, phone number, zip code, business name, insurance company information, and vehicle information, each of which is subject to our Privacy Notice. Please refer to our Privacy Notice, which may be viewed, downloaded, or otherwise accessed at https://www.darcarsnissanofcollegepark.com/privacy-policy, for details regarding the collection, processing, retention, and disclosure of your personal information.
When you submit a Secure Online Credit Application or other financing-related information through the Website, you may provide sensitive financial and personal information. Such information will be handled in accordance with our Privacy Notice, the terms of the applicable third-party lender, and applicable law. DARCARS implements reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of your information. However, no method of electronic transmission or storage is completely secure, and DARCARS cannot guarantee absolute security.
6.Proprietary Rights and Licenses
The Website, Services, and their entire contents, features, and functionality - including software, text, displays, graphics, images, photographs, videos, and other materials (collectively, "Content") - are owned by DARCARS or lawfully obtained from its licensors. All intellectual property rights in the Website, Services, and Content, including copyrights, patents, trademarks, service marks, and logos ("Marks"), are owned by DARCARS or its licensors. Neither these Terms nor your use of the Website transfers any rights, title, or interest in such intellectual property to you or any third party, and DARCARS and its licensors reserve all rights not expressly granted herein. You must not use any Mark without the prior written consent of DARCARS or the applicable owner, and you agree not to alter or delete any copyright or proprietary notice on materials downloaded from the Website. Subject to your compliance with these Terms, DARCARS grants you a limited, non-transferable, non-exclusive, and revocable license to access and use the Website and Services solely for your personal, non-commercial use.
Third-party trademarks, service marks, and logos appearing on the Website, including but not limited to those of vehicle manufacturers, I-CAR, Tradevantage, American Express, Google, Facebook, Twitter (X), Instagram, Comvoy, and YouTube, are the property of their respective owners. Their appearance on the Website does not imply any affiliation with, or endorsement by, DARCARS unless expressly stated.
6.1. Restrictions and Prohibited Uses.
You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
6.2. Your Submissions.
You acknowledge that you, not DARCARS, are accountable for all Submissions (as defined below) you provide to the Website and Services. Any information you transmit to DARCARS through the Website, whether through direct input, submission, email, chat, or other means, including data, queries, remarks, vehicle inquiries, purchase inquiries, credit applications, service requests, or proposals (collectively referred to as "Submissions"), will be regarded as non-confidential and non-proprietary to the extent permitted by applicable law, excluding any financial information submitted through the Secure Online Credit Application. You grant DARCARS a fully paid, royalty-free, worldwide, non-exclusive, and sublicensable right and license to utilize, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions (in whole or in part) for the purpose of operating, improving, and providing the Website and Services to you and our other users. This license terminates when you delete your Submissions or close any account, except to the extent your Submissions have been shared with others who have not deleted them or as required for DARCARS to comply with legal obligations. You warrant that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right.
6.3. Notice and Procedure for Making Claims of Copyright Infringement (DMCA).
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that content or material on our Website is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material removed or access to it blocked, you must provide notice to our Copyright Agent at:
DARCARS Automotive Group Attention: Attn: Compliance Department. Notices can be mailed to: 2093 PHILADELPHIA PIKE #5480 CLAYMONT, DE 19703. Telephone: 1-800-327-2277. Email: customerrelations@darcars.com
Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Website; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. It is DARCARS's policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
6.4. External Links and Social Media; No Endorsements.
The Website may contain links to third-party websites, including social media platforms, YouTube, Tradevantage, financing providers, vehicle manufacturers, and community organizations. Linked sites are provided for convenience only, are not under the control of DARCARS, and DARCARS is not responsible for their content, timeliness, or accuracy. A link does not imply endorsement, sponsorship, or affiliation by DARCARS. Your use of third-party websites is at your own risk and governed by their respective terms.
DARCARS maintains pages on third-party social media platforms, including Facebook, Instagram, and X (formerly Twitter). When you interact with DARCARS on social media, you are also subject to that platform's terms of use and privacy policy, which govern your use of the platform and how your personal information is collected and used by that platform. DARCARS is not responsible for the privacy practices of any third-party social media platform.
DARCARS's social media pages may contain content posted by other users, including comments, reviews, photos, and other materials. DARCARS does not endorse, verify, or assume responsibility for any user-generated content appearing on its social media pages. The views and opinions expressed by users on DARCARS's social media pages are solely those of the individual users and do not necessarily reflect the views of DARCARS.
DARCARS has no obligation to monitor, screen, edit, or remove any content posted by users on its social media pages, although DARCARS reserves the right to do so at any time in its sole discretion. DARCARS may remove or restrict access to any content that violates these Terms, the applicable platform's terms, or that DARCARS otherwise finds objectionable.
Any contests, sweepstakes, or promotions conducted by DARCARS through social media are subject to separate official rules, which will be made available at the time of the promotion. Such promotions are in no way sponsored, endorsed, administered by, or associated with the social media platform on which they appear, unless expressly stated otherwise.
Reference to any product, vehicle, manufacturer, service, or third party by name, trademark, or otherwise on the Website or on DARCARS's social media pages does not constitute an endorsement or recommendation by DARCARS. Any views expressed by third parties on the Website or on DARCARS's social media pages are solely theirs, and DARCARS assumes no responsibility for the accuracy of any third-party statement.
7.Modifications to These Terms and Termination
DARCARS may amend or remove any portion of these Terms at any time in its sole discretion. If these Terms change materially, DARCARS will update the effective date and post a notice on the Website. Any modifications to these Terms take effect fourteen (14) days after being posted on the Website. Unless specified otherwise, any new content, services, or features incorporated into the Website are bound by these Terms upon their posting on the Website. Your continued use of the Website following the posting of any changes to these Terms signifies your acceptance of the modified Agreement.
DARCARS may terminate your access to the Website or Services at any time, for any reason, without prior notice, in addition to any other right or remedy available at law; DARCARS shall not be liable for any such termination. You may terminate these Terms by ceasing all use of the Website and Services. Upon termination, you must immediately cease use of the Website and Services. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination provisions, and your warranties and indemnities shall survive termination.
8.No Warranties; Disclaimers
CONTENT AND INFORMATION PROVIDED ON THE WEBSITE AND SERVICES ARE OFFERED FOR CONVENIENCE PURPOSES ONLY. USERS WHO RELY ON SUCH CONTENT OR INFORMATION DO SO AT THEIR OWN DISCRETION AND ASSUME ALL ASSOCIATED RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE MADE AVAILABLE ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY USE OF OR ACCESS TO THE WEBSITE OR SERVICES IS ENTIRELY VOLUNTARY AND AT THE SOLE RISK OF THE USER.
DARCARS, ALONG WITH ANY THIRD PARTIES OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE, INCLUDING VEHICLE MANUFACTURERS, THIRD-PARTY LENDERS, AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES. DARCARS MAKES NO WARRANTY OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, OR USEFULNESS OF THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO VEHICLE DESCRIPTIONS, PRICING, AVAILABILITY, MSRP, PHOTOGRAPHS, DEALER COMMENTS, OR ANY OTHER VEHICLE INFORMATION DISPLAYED ON THE WEBSITE. FURTHERMORE, DARCARS DOES NOT WARRANT THAT THE WEBSITE AND SERVICES WILL OPERATE WITHOUT DELAYS, INTERRUPTIONS, INTERFERENCE, IMPERFECTIONS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR ANY OTHER ADVERSE INCIDENTS.
9.Indemnification and Limitation of Liability
You agree to defend, indemnify, and hold harmless DARCARS, its parent companies, subsidiaries, affiliates, officers, directors, employees, shareholders, third-party contractors, agents, and licensors from and against any and all claims, proceedings, actions or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), arising from or relating to, directly or indirectly, your (a) violation of these Terms; (b) access to or misuse of the Website and Services; (c) your violation of applicable laws, regulations, or third-party rights; and (d) your willful misconduct, fraud, or negligence. DARCARS reserves the right to assume control over the defense of any claim for which we are entitled to indemnification, and you agree to cooperate with DARCARS as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of DARCARS.
IN NO EVENT SHALL DARCARS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS INCLUDES ANY INFORMATION OR CONTENT MADE ACCESSIBLE THROUGH THE WEBSITE OR ANY SERVICES RENDERED OR PRODUCTS OFFERED BY DARCARS AND THIRD PARTIES, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THE EXTENT SUCH LAWS APPLY, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DARCARS'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SUBJECT TO THE FOREGOING, DARCARS'S TOTAL CUMULATIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF ACTUAL DAMAGES INCURRED BY YOU, NOT EXCEEDING U.S. $1,000.
ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH CLAIM.
The limitations of liability in these Terms reflect an informed, voluntary allocation of risk that constitutes a material part of this Agreement, and you agree such limitations are fair and reasonable.
Notwithstanding any other provision of these Terms, nothing herein shall be construed to limit, waive, or otherwise affect any rights or remedies available to you under applicable federal, state, or local consumer protection laws that cannot be limited or waived by agreement. To the extent any provision of these Terms conflicts with any such non-waivable consumer protection law, that provision shall be modified or limited only to the extent necessary to comply with such law.
If any limited remedy provided in these Terms is found to have failed of its essential purpose, you and DARCARS agree that the limitations of liability and exclusions of damages set forth in this section shall nonetheless remain in full force and effect to the maximum extent permitted by law.
10.Children
The Website is not intended for children under the age of 18, and by using the Website you affirm that you are at least 18 years old. If you are under 18, please do not use or access the Website or Services. DARCARS does not knowingly collect personal information from persons under 18 without parental or guardian consent.
11.Mutual Dispute Resolution Using Binding Arbitration (Arbitration Agreement)
Should a dispute arise between you and DARCARS, DARCARS is committed to working with you to reach a reasonable resolution. You and DARCARS agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and DARCARS will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.
You and DARCARS agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Services, any privacy notice, or any communications by DARCARS or its affiliates (each, a "Dispute"), which is not resolved through an informal dispute resolution conference, shall be resolved through confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than through litigation in court. This Arbitration Agreement, including its interpretation and enforcement, is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Except as to this Arbitration Agreement, New Jersey law applies as stated in Section 13. The seat of arbitration shall be [INSERT COUNTY], New Jersey, but hearings may be conducted by video conference, telephone, or in person, at the arbitrator's discretion and considering your location. If the parties are unable to agree on an arbitrator, the AAA will appoint an arbitrator who meets the requirements of this section using a rank-and-strike process. By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein.
For the purposes of this Arbitration Agreement, "Dispute" also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms. The arbitrator shall give effect to statutes of limitation and the governing law set forth in these Terms in determining any claim, and any controversy concerning whether these Terms, an issue, or a dispute hereunder is arbitrable shall be determined by the arbitrator. The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator's decision. The decision of the arbitrator (or "the arbitration award") shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify these Terms or any applicable law in any respect, and may not grant any remedy or relief greater than that sought by the parties. The confidentiality obligations of Section 12 (Confidentiality) apply to arbitration claims, defenses, and Dispute Materials. Any court filings to enforce, confirm, vacate, or modify an award will be accompanied by a request to seal or otherwise protect such filings to the maximum extent permitted by law. The opinion and arbitration hearing(s), proceeding(s), and filing(s) shall remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award.
The arbitrator shall be authorized to and shall permit the prevailing party to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party's reasonable costs and expenses of such claim, including reasonable attorneys' fees and the amounts paid or obligated to be paid toward arbitrator fees and the administrative costs of the arbitration to the extent permitted by applicable law and the AAA Consumer Arbitration Rules. Notwithstanding the foregoing, either party may seek provisional injunctive relief in court in aid of arbitration or to preserve the status quo. The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys' fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process.
YOU AGREE NOT TO BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THAT INDIVIDUAL'S CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.
Opt-Out: You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of these Terms mandating arbitration of disputes with DARCARS. To opt out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration to: customerrelations@darcars.com ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may have with DARCARS.
Notice of Dispute: Before initiating arbitration of a Dispute, you must provide DARCARS with a written "Notice of Dispute" containing your name, residential address, email address associated with your account, a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, DARCARS will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to DARCARS should be sent to: [INSERT ADDRESS] ATTN: Dispute Notice.
Severability: Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect. Nothing in this section shall be construed as limiting your rights under applicable consumer protection laws.
12.Confidentiality
The parties agree that all dispute-related communications and materials will be kept confidential. This includes, without limitation: any Notice of Dispute and responses; settlement or compromise communications; mediation communications; and, to the fullest extent permitted by law, arbitration filings, briefs, exhibits, discovery, hearings, transcripts, orders, and awards (collectively, "Dispute Materials").
Dispute Materials may be disclosed only: (i) to the parties, their counsel, insurers, experts, and advisors (including accountants and auditors) who have a need to know and are bound by confidentiality obligations at least as protective as this section; (ii) as required by law, regulation, subpoena, or court order; (iii) as reasonably necessary to enforce, confirm, vacate, or modify an arbitral award or judgment, provided that the parties will request sealing or other protections to the maximum extent permitted by law; or (iv) with the prior written consent of the other party.
Nothing in this section restricts a party's right to: (a) communicate with, file a charge or complaint with, or participate in an investigation or proceeding conducted by a government agency; (b) disclose underlying facts to the party's tax, accounting, or legal advisors; (c) make disclosures necessary to obtain injunctive or provisional relief in aid of arbitration; or (d) use or disclose a final judgment or arbitral award to the extent necessary for enforcement.
This section does not limit any applicable privilege, protection, or rule (including settlement-communication privileges and rules of evidence such as Federal Rule of Evidence 408), and no waiver of privilege is intended. Personal information contained in Dispute Materials remains subject to our Privacy Notice and applicable law. This section survives termination of these Terms. For clarity, this Section 12 does not limit our obligations under the Privacy Notice or applicable law.
13.Choice of Law and Jurisdiction
Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act, these Terms and any non-arbitrable disputes are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. Subject to the Arbitration Agreement, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [INSERT COUNTY], New Jersey. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
14.Force Majeure
We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, weather, labor disputes, power outages, governmental actions, emergency directives, supply chain disruptions, pandemic-related delays, or third-party system failures.
15.Waiver
No delay or omission by DARCARS in exercising any right or power under these Terms, or in objecting to any failure of a covenant by you, shall impair such right or power. It shall not be construed as a waiver of any future breach. Any waivers must be in writing and signed by an authorized representative of DARCARS.
16.Entire Agreement
These Terms represent the entire agreement between you and DARCARS concerning access to and use of the Website and Services. They supersede all previous agreements, negotiations, representations, and communications, whether oral or written.
17.Electronic Documents
This electronic document, along with all other electronic documents referenced or incorporated herein, will: (a) be deemed a "writing" for all legal purposes, and (b) be legally enforceable as a signed agreement. Printed versions of these Terms and any notices delivered electronically shall be admissible in legal proceedings in the same manner as other business records originally generated in paper format.
18.Assignment
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with DARCARS's prior written consent. DARCARS may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
19.No Third-Party Beneficiaries
Except as expressly provided in this Agreement (including the indemnification obligations and the Arbitration Agreement), neither party intends to confer third-party beneficiary rights upon any person or entity, and no third party shall have the right to enforce any provision of this Agreement.
20.Contact / Notices
If you have any questions or need to send a notice to DARCARS, please use the contact information below:
DARCARS Automotive Group Attention: Attn: Compliance Department. Notices can be mailed to: 2093 PHILADELPHIA PIKE #5480 CLAYMONT, DE 19703. Telephone: 1-800-327-2277. Email: customerrelations@darcars.com
DARCARS may also provide notices to you via the Website, and you agree that such postings constitute official notice, even if you do not view them directly.
21.Severability
If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
22.California Supply Chain Transparency Act
Pursuant to the California Transparency in Supply Chains Act of 2010 (California Civil Code Section 1714.43), DARCARS Automotive Group discloses the following information regarding our efforts to address the risks of human trafficking and slavery in our supply chain:
Verification of Supply Chains. DARCARS obtains vehicles and parts primarily from established automobile manufacturers and authorized distributors. We rely on the due diligence and compliance programs of our manufacturer and supplier partners to verify that their supply chains meet applicable legal standards regarding human trafficking and slavery.
Audits. DARCARS does not conduct independent audits of our suppliers specifically to evaluate their compliance with anti-human trafficking and anti-slavery standards. We rely on our suppliers' own compliance programs and representations.
Certifications. DARCARS does not require direct suppliers to certify that materials incorporated into our products comply with laws regarding slavery and human trafficking in the countries where they do business. We work with reputable manufacturers and distributors who maintain their own compliance standards.
Internal Accountability. DARCARS maintains standards of conduct for employees and expects all team members to comply with applicable laws and ethical business practices. Employees who violate company standards or applicable laws, including those related to human trafficking and slavery, are subject to disciplinary action up to and including termination of employment.
Training. DARCARS provides training to employees involved in supply chain management and procurement regarding the risks of human trafficking and slavery in the supply chain, as appropriate to their roles and responsibilities.