Terms & Conditions

Introduction

Thank you for visiting the Homegoodsdealer website. We hope that you find our website to be a useful part of your Homegoodsdealer-buying experience. Please note that the services Homegoodsdealer provides to you through this website are subject to the terms and conditions in the following Website Agreement, a contract between you and Homegoodsdealer that explains the permissible and prohibited activities on this website.

Corrections

If any information we have about you is incorrect or any information contained in this Terms of Use is inaccurate, we will gladly correct it. Simply Email us, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

Website Agreement

Acceptance of Terms and Conditions

The terms and conditions in this Website Agreement govern your use of this website. Please take a few moments to review this information carefully. By using this website, you agree that you have read, understand, accept, and will be bound by all of the terms and conditions in this Website Agreement, and you agree not to use this website in contravention of these terms and conditions.

This website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing this website, you represent and affirm that you meet these requirements. Homegoodsdealer reserves the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. Homegoodsdealer will provide to you all notices as required by law in the event of such change. We encourage you to periodically review this Terms of Use and Website Agreement for amendments.

Minors

In compliance with the Children’s Online Privacy Protection Act, Homegoodsdealer does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.

Homegoodsdealer Affiliates

The Homegoodsdealer family is made up of several companies, or “affiliates.” As of the date of this Notice, these companies include, but are not limited to:

Homegoodsdealer, Inc.
Homegoodsdealer Auto Superstores, Inc.
Homegoodsdealer Automotive, LLC
Homegoodsdealer Business Services, LLC (includes Homegoodsdealer Auto Finance)
Homegoodsdealer Auto Superstores Services, Inc.

When we use the term Homegoodsdealer, us, or we in this Website Agreement, it refers to Homegoodsdealer and any or all of our affiliates.

Accuracy of Website Information

Homegoodsdealer designed this state-of-the-art website to meet your Homegoodsdealer-shopping needs by providing you with accurate and up-to-date information about Homegoodsdealer’s inventory across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, photographs of automobiles found on the Homegoodsdealer website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our website before you visit that store location. Further, Homegoodsdealer reserves the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.

In addition, you understand and agree that the information provided on this website is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. To this end, and to the extent permitted by applicable law, Homegoodsdealer will not be responsible for errors found on this website, including but not limited to, pricing errors or an incorrect statement of accessories on a particular vehicle.

Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Homegoodsdealer. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Homegoodsdealer has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Homegoodsdealer; however, vehicle information and the online credit application may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing Homegoodsdealer’s name or trademarks without the express written consent of Homegoodsdealer. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

NOTICE: Many of the vehicle images or video contained herein are owned by EVOX Productions LLC (“EVOX”) and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained herein. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this appropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.”

Intellectual Property

Homegoodsdealer (and design), Homegoodsdealer THE AUTO SUPERSTORE (and design), THE AUTO SUPERSTORE, VALUMAX, Homegoodsdealer, Homegoodsdealer SERVICE CENTER (and design), Homegoodsdealer CERTIFIED QUALITY INSPECTION, CQI, Homegoodsdealer AUCTIONS, Homegoodsdealer AUCTIONS PERKS (and design), THE WAY Homegoodsdealer BUYING SHOULD BE (and design), THE WAY Homegoodsdealer SERVICE SHOULD BE (and design), THE NEW WAY TO BUY Homegoodsdealer, WE’LL BUY YOUR Homegoodsdealer EVEN IF YOU DON’T BUY OURS!, SAVE BIG WITH POWERBUYS!, Homegoodsdealer.com, Homegoodsdealer CARES (and design), THE Homegoodsdealer FOUNDATION (and design), THE WAY NEW Homegoodsdealer BUYING SHOULD BE (and design), and FOR KIDS ONLY (and design) are all registered trademarks or service marks of Homegoodsdealer. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Homegoodsdealer or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Homegoodsdealer.

Warranty Disclaimer

Homegoodsdealer MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Homegoodsdealer DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. Homegoodsdealer SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE Homegoodsdealer WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Incentives Offered by Manufacturers

Rebates, customer cash, dealer cash, coupon offers, and other incentives provided by vehicle manufacturers are subject to the terms specified by the manufacturer. These terms include, among others, the timeframe of the offer and limitations on quantities and/or combinations with other offers.

Usage and Ownership of Customer Information

All information submitted to Homegoodsdealer through our website becomes and remains the property of Homegoodsdealer. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Terms of Use and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those Homegoodsdealer employees who need to know the information to respond to your request or inquiry.

Links to Third Party Websites

While using this website, you may choose to link to third-party websites that are not affiliated with Homegoodsdealer. Homegoodsdealer is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of Homegoodsdealer, and Homegoodsdealer does not endorse the contents of these third-party websites in any way. Also, Homegoodsdealer is not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential. Homegoodsdealer is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the Commonwealth of Virginia will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this website you expressly agree and submit to personal jurisdiction and exclusive venue in the state and federal courts located in the City of Richmond, Commonwealth of Virginia.

Violations of Website Agreement

In the event you violate or attempt to violate any part of this Website Agreement, Homegoodsdealer reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

Indemnification

You agree to indemnify, defend, and hold harmless Homegoodsdealer from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

Severability and Integration

In the event any part of this Website Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Website Agreement represents the entire agreement governing your use of this website.

Reservation of Rights

Any and all rights not expressly granted to you in this Terms of Use and this Website Agreement are hereby reserved by Homegoodsdealer.

Procedure for Alleging Copyright Infringement

A. DMCA Notice. Homegoodsdealer will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via this website, then you may send us a written notice that includes all of the following:

  • a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the website on which the material appears);
  • your full name, address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

Homegoodsdealer will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:
Homegoodsdealer
100 Winchester Circle Los Gatos, CA 95032, USA
Attn: Legal Department/Infringement Notice

By E-Mail:
Support@Homegoodsdealer.com

By Fax:
+1 888-280-4331

It is often difficult to determine if your copyright has been infringed. Homegoodsdealer may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Homegoodsdealer may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Homegoodsdealer’s other rights, Homegoodsdealer may, in appropriate circumstances, terminate a repeat infringer’s access to this website and any other website owned or operated by Homegoodsdealer.

B. DMCA Counter-Notification. If access on the Website to a work that you submitted to Homegoodsdealer is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says: “DMCA Counter-Notification”;
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the website from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that 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;
  • your full name, address, telephone number, e-mail address, and the username of your account;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of Virginia), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  • your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Required California Disclosure: CA Supply Chain Transparency

Homegoodsdealer recognizes the serious nature of the crimes of human trafficking and slavery. Homegoodsdealer has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Because all of the vehicles sold by Homegoodsdealer in California are used vehicles, and all of the replacement parts Homegoodsdealer uses in its reconditioning process are purchased from other retailers, Homegoodsdealer believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.