Terms of Use – ProAutoConsultant.com

Revised: May 4, 2025

Welcome

Thank you for your interest in ProAutoConsultant.com and our car buying and leasing consultation services (the “Site”) developed by Pro Auto Consultant, LLC (“ProAutoConsultant,” “we,” “our,” or “us”), a provider of automotive purchasing and leasing advisory services, negotiation assistance, and related consulting.

These terms, including any schedules and supplemental terms (collectively, these “Terms of Use” or this “TOU”) applies to our sites and the services we offer. If there is any conflict between this TOU and any supplemental terms to a site or service, the supplemental terms will govern. This TOU does not apply to those sites that do not display or link to this TOU, or that have their own terms of use.

By using our sites and/or services, you are a “user” and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access to and use of our sites and services.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and/or services.

About ProAutoConsultant

ProAutoConsultant provides data, communications, advisory services, and consultation to automotive shoppers to help them find the right vehicle at the right price with favorable terms.

Our Site provides users with various services, including – but not limited to – an online platform that enables you to:
(a) Access vehicle pricing analysis and comparisons based on style, available dealer inventory, segment, brand and/or payment amount;
(b) Fill out consultation requests to receive personalized vehicle recommendations, financing advice, and negotiation assistance;
(c) Connect with automotive financing options, warranty providers, and insurance services with your express consent;
(d) Engage our consultants to assist with dealer negotiations, contract review, and other aspects of the car buying or leasing process; and
(e) Access educational resources about vehicle purchasing, leasing, and ownership (collectively, the “Services”).

Site Use

Eligibility

Unless expressly permitted by supplemental terms, the Site and Services are intended for general audiences 18 years of age and older who are legal residents of the 50 United States, and access or use by anyone younger or who is not a legal resident of the United States is not authorized.

License

These TOU grant you a limited, revocable, nonexclusive license to access our sites and service and use our Sites and Services; such use must be compliant with these TOU.

Moderation and Enforcement

We reserve the right to regulate content posted to, stored on or transmitted via our Sites and Services by any user or third party; to regulate conduct and access by any user or third party; and to enforce these TOU as we deem necessary or appropriate, in our sole discretion. We may, in our sole discretion and without notice, start, stop, or modify any regulation or enforcement measures at any time.

You understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (each a “Representative”, collectively, “Representatives”) to manage content, or to implement other enforcement measures against any TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to address a potential TOU violation.

We reserve the right, in our sole discretion, to limit, modify, interrupt, suspend, or discontinue any or all portions of our sites and services at any time. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions, or discontinuance, or any purported losses, harm, or damages arising from such action.

Content and Conduct

Content Disclaimers

The opinions, statements, comments, posts, representations, reviews, and other communications expressed on our Sites and Services by third party users are solely those of the poster and not ours, or our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys, or other agents.

While we attempt to provide current and accurate information on our site, we are not responsible for and make no representations or warranties with respect to any content on our site. You are solely responsible for your access to, use of, or reliance on any content. You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any content.

We do not guarantee the accuracy or reliability of any information, representation or review provided by any poster, administrator, affiliate or moderator.

Content Prohibitions

Content prohibited from our sites and services includes but is not limited to:
(a) illegal content;
(b) content in facilitation of illegal activities;
(c) offensive content (including threatening, hateful or pornographic content);
(d) content that discloses another’s personal, confidential or proprietary information;
(e) false or fraudulent content;
(f) malicious content (including malware or spyware);
(g) content that offers, promotes, advertises, or provides links to unsolicited products or services.

Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account on our Sites or use our Services, you are responsible for all conduct or activities on, through or by use of your account.

Account Creation, Use and Expectations

Account Creation

A user may create, maintain and use no more than one account. A user must create an account personally and may not create accounts by any automated means. A user may not create or use additional accounts or any account of another and must not permit, enable, induce, or encourage others to create accounts.

The purchase and sale of accounts is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process or in violation of these TOU also is expressly prohibited.

Fees

In certain instances, we may charge a fee for our consultation services, personalized assistance, or premium features. You are responsible for any fees applicable to services you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales, use, or other taxes are additional to the stated fee.

Except as required by law or otherwise stated on the Site or in the Services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.

Interactions with Others

We may promote partners who provide special offers and services related to automobile purchases, financing, insurance, and warranties. ProAutoConsultant does not control such websites and resources, and we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers, and service providers, (collectively, the “Released Parties”) are not responsible for any content, representation or claim made on such website or any loss or damages incurred from your use of those sites or services.

The Released Parties are not parties to, make no representations or warranties as to, and have no responsibility or liability with respect to any disputes or any relations whatsoever between you and any other user, person, or organization. You are responsible with respect to your interactions with others on our site, and are encouraged to perform your own due diligence about partner offers.

Indemnification

You agree to indemnify, defend and hold harmless ProAutoConsultant, its officers, directors, agents, and employees from and against all losses, liabilities, expenses, claims, damages, and costs, arising out of or related to any claim or action concerning:
(a) content that you transmit;
(b) activity that occurs through or by use of your account;
(c) your use of or reliance on any content;
(d) the mechanical condition or any other aspect of any vehicle purchased with ProAutoConsultant’s assistance;
(e) your violation of these TOU, or
(f) any damages, causes of action or claims arising from any alleged failure of ProAutoConsultant or its partners to secure express consent to contact you.

This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

Disclaimers

Please read this section thoroughly as it limits the liability of ProAutoConsultant to you. This section applies up to the maximum extent permitted under applicable law. Nothing here is intended to limit any rights you may have which may not be lawfully limited.

All information and content made available to you on our Site are provided “as-is,” “with all faults,” and “as available,” without any warranties of any kind, express or implied. The information and content are sourced from third parties and not verified by ProAutoConsultant unless expressly stated in writing. Your use of the platform is solely at your discretion and risk.

ProAutoConsultant disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information you submit, send, view, or receive through the platform. The actions, content, or data of third parties, including dealers, manufacturers, and other users, are not the responsibility of ProAutoConsultant and do not create liability on behalf of ProAutoConsultant.

When we provide recommendations or advice about vehicle purchases, leases, or financing, we make no guarantee about the final terms or pricing you will receive from dealers or lenders. Our consultation services aim to provide information and assistance, but final negotiations and agreements are between you and the seller or financing provider.

IN NO EVENT SHALL PROAUTOCONSULTANT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE PERMITTED BY APPLICABLE LAW, PROAUTOCONSULTANT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

Your use of ProAutoConsultant’s platform signifies your acceptance of this disclaimer and limitations of liability.

Limitations of Liability

WE AND THE RELEASED PARTIES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS, OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS, OR RELATIONS THROUGH, RELATED TO, OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. INCLUDED IN THIS ARE LIMITATIONS APPLYING TO ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES, WHETHER AT LAW OR IN EQUITY, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY DEFECTS, LATENT OR APPARENT, IN ANY VEHICLE THAT THE CUSTOMER MAY PURCHASE WITH PROAUTOCONSULTANT’S ASSISTANCE.

IN NO EVENT WILL OUR OR THE RELEASED PARTIES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and the Released Parties from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services.

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Copyright Policy

We have adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act.

In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you believe your copyright has been infringed by content on our Site, please report the infringement by sending an email to the copyright agent at team@proautoconsultant.com with detailed information about the alleged infringement.

Privacy

We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found on our website footer.

Mobile Messaging Terms

By providing your mobile phone number to us and remitting payment for a service that we offer, you are voluntarily and expressly consenting to receiving recurring mobile and/or automated messages from us or our partner(s) at the mobile number you provided for the purpose of fulfilling the transaction you requested.

You may opt-out of receiving communications from us at any time by replying STOP to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message.

We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

Dispute Resolution; Arbitration

We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later.

Accordingly, you agree to the following resolution process:

Before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email at: team@proautoconsultant.com
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these TOU or our Sites and/or Services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. To help us address any issues promptly, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.
By using our Site or Services, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis.
You agree that arbitration will be exclusively held in the state of Delaware and that each party will be responsible for its own costs, including paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.

Miscellaneous

Copyright, Trademark and Patent Notices

Except as otherwise expressly provided, all contents of our sites and services are copyrighted. All rights reserved. Additionally, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, “our marks”).

Reservation of Rights

Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Entire Agreement

These TOU constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU.

Governing Law; Forum

Any and all claims, causes of action, or disputes between you and us arising out of or related to these TOU, our sites and services or content accessed through our sites and/or services will be governed by the laws of the State of Delaware, without regard to conflict or choice of law principles.

Electronic Communications

When you use our sites and services, or send e-mails to us, you are communicating with us electronically. You expressly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. 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.

Electronic Contracting

Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT, INTENT AND EXPRESS CONSENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.

Termination; No Assignment

You may terminate your account and/or stop using our sites and/or services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our sites and/or services for any reason, including, without limitation, violation of these TOU.

These TOU and the rights granted and obligations undertaken, may not be transferred, assigned, or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign, or delegate these TOU.

Feedback

You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use, publish and/or incorporate into our sites and services any suggestions, enhancement requests, recommendations, or other feedback provided by you.

Waiver

Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.