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Gubagoo Terms of Use

Last Updated: May 14th, 2025

Gubagoo Inc. (“Gubagoo”) a Florida company, operates a communications platform for automotive dealerships (the “Platform”) which connects certain automotive dealerships (the “Dealership”) with members of the public. By using the Platform in any manner, including, but not limited to:

Interacting with the Live Chat function;

Registering for Virtual Retailing;

Claiming an offer through the Platform;

Sending a text to Gubagoo or the Dealership; or

Permitting a Dealership to request and review Your credit information in order to determine Your credit eligibility for financing or to process Your application for financing

you (“You,” inclusive of any organization or party you act for) are agreeing to these terms of service (the “Terms”). The Terms form a legally binding agreement concerning Your use of the Platform and communications with the Dealership and Gubagoo. In operating the Platform, Gubagoo is a service provider for the Dealership and all communications You have through the Platform are processed by Gubagoo for the Dealership. In all communications between You and Gubagoo, Gubagoo is acting on behalf of the Dealership. Gubagoo reserves the right to update these Terms at any time without notification. When You use the Platform, You are agreeing to the Terms as they are published at the time of that particular use.

You should know that:

These Terms may limit Your ability to make claims against Gubagoo in court, and require arbitration of any disputes;

These Terms limit Gubagoo’s liability to You to a maximum of $100.00;

Gubagoo is not responsible for the content You may access through the Platform;

Gubagoo does not guarantee the accuracy of any information provided through the Platform; and

These Terms are in addition to, and apply in conjunction with, our Privacy Policy, and, to the extent applicable, the Hard Credit Pull and Soft Credit Pull Disclosures and Consents provided to You when You have the option to permit a Dealership to access and use Your credit information.

1. Gubagoo’s Role

Gubagoo does not manufacture, distribute, sell, repair, lease, or otherwise deal in vehicles. Gubagoo operates the Platform to connect the Dealership with those looking to buy or service vehicles, including You. If You make use of the Platform when shopping for or purchasing a vehicle, You are dealing and contracting directly with the Dealership. You acknowledge that Gubagoo will not be a party to any agreement between You and the Dealership. Nothing in the Platform shall be considered an offer to contract.

Gubagoo works with third-parties, including lenders, credit agencies, and vehicle assessors (“Third-Party Partners”), to provide You with information. Gubagoo is not responsible for any information provided to You through the Platform by the Dealership or by Third-Party Partners. Gubagoo does not guarantee the accuracy or currency of any information communicated on or through the Platform, including without limitation information about vehicle prices, model features, or payment plans. The information on the Platform, including without limitation any information about pricing, is not final, and is subject to change by Gubagoo, the Dealership, or Third-Party Partners. This information is provided or linked to for Your convenience, and You use it at Your own risk. To the extent you access a Youtube video on the Platform, You are agreeing to be bound by the Youtube API Terms of Service, as they may be amended by Youtube from time to time. If Youtube amends the Youtube API Terms of Service, the amended and restated version will be posted here: https://developers.google.com/youtube/terms/developer-policies#a.-api-client-terms-of-use-and-privacy-policies. Such amendments to the Youtube API Terms of Service are effective as of the date of posting. Your continued utilization of Youtube after the amended Youtube API Terms of Service are posted constitutes Your agreement to, and acceptance of, the amended Youtube API Terms of Service.

2. Your Use of the Platform

You may only use the Platform to communicate with the Dealership and any Third-Party Partners. Your use of the Platform is at all times subject to these Terms. Gubagoo reserves the right to terminate or modify Your ability to use the Platform without notice.

If You engage in any live web chat or SMS conversation using the Platform, Gubagoo may store transcripts from such conversations.

You understand that by using the Platform, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Platform at Your sole risk and that Gubagoo shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

The Platform may display, include, or make available content of third party partners or provide links to certain third party web sites. By using the Platform, You acknowledge and agree that Gubagoo is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such content of third party partners or web sites.

You acknowledge that the Platform contains proprietary content, information, and materials that are protected by applicable intellectual property and other laws, including, but not limited to, copyright.

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that You upload, post, publish, or display (hereinafter, “Upload”) or email or otherwise use via the Platform. You agree to not use the Platform to:

interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

violate any applicable local, state, national or international law, or any regulations;

further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

separate the Platform’s component parts for use on more than one device;

violate any patent, trademark, trade secret, copyright, right to privacy, publicity or other proprietary right of any party;

obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of publicity or privacy) of others;

send or otherwise make available any inappropriate Content, including profane, defamatory, obscene, abusive, racist, indecent, or unlawful Content;

Send or store material containing software viruses or other malware;

impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity; or

do any other thing that may create liability for, or damage the interests of, Gubagoo, the Dealership, or Third-Party Partners.

You may only use the Platform for Your own personal, consumer (i.e. non-commercial) purposes. You agree not to display, distribute, reverse engineer, disassemble, de-compile, reverse assemble, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload, or otherwise attempt to create or discover, by any means, any aspects of the Platform, including, for example, but not limited to, source code, screen prints, user interface, user output, reports, report format, report content, reflexes, behaviors, internal logic, edits, data field content, integration to other programs, overall design, or object code. In addition, if You breach this restriction, You may be subject to prosecution and damages.

You agree to release, indemnify and hold Gubagoo, its affiliates, and their officers, employees, directors and agents harmless from and against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, allegations, actions of any kind, or injury (including death) arising out of or relating to Your use of the Platform, Your Content (as defined below), Your violation of these Terms, or Your violation of any rights of any other individual or entity. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his or her settlement with the debtor or released party.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine, to the extent it may be waived at law.

You may be required to register with Gubagoo, or provide certain information in order to access and use certain features of the Platform. If You choose to register and/or provide information, You agree to provide and maintain true, accurate, current, and complete information about Yourself. Registration data and certain other information about You are governed by our Privacy Policy.

You may opt-in and register to access the Platform by SMS by clicking “I agree” in the chat window, clicking the “Start” button within Virtual Retailing, checking the box in the chat window, replying in response to a text from Gubagoo or the Dealership, or sending the first chat or SMS message to Gubagoo or the Dealership.

By providing Your phone number or email in the manner described above, You expressly consent to receive non-marketing and marketing messages, phone calls, text messages, and emails from Gubagoo, the Dealership, and others messaging or calling on their behalf which may include by autodialer. Consent is not required to purchase goods or services. To opt-out of the texting service, simply text or type back the keyword STOP in the SMS conversation after receiving a message, email, or call Gubagoo at 855-359-2574. Standard SMS, voice, or data charges may apply.

You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any and all activities that occur when You, or anyone else, accesses the Platform using Your account. You agree to immediately notify Gubagoo of any unauthorized use of Your account or any other breach of security. Gubagoo will not be liable for any loss or damage arising from Your failure to comply with these requirements.
Certain features of the Platform may require that you have an account or an agreement with other service providers.

If You are under 16 years of age, You are not authorized to use the Platform. If You are over 16, but under 18 years old, You may only use the Platform with the approval of Your parent or guardian.
If You use the Platform on a mobile device, You may incur data, voice, or text messaging charges. As between You and Gubagoo, these charges are Your sole responsibility.

If You use the Platform on a mobile device, You may incur data, voice, or text messaging charges. As between You and Gubagoo, these charges are Your sole responsibility.

3. Intellectual Property Rights

The Platform contains or reflects content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. All title, copyrights, and other intellectual property rights in the Platform (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets”), the accompanying printed materials, and any copies of the Platform are owned by Gubagoo or its licensors. All title and intellectual property rights in and to the Platform Content that may be accessed through use of the Platform is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly provided, these Terms grant You no rights to use such Platform Content and no other rights in such Platform Content. These Terms do not grant You ownership of the Platform Content. Except as expressly authorized by Gubagoo, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part.

You agree that You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods in connection with the Platform. If You are blocked by Gubagoo from accessing the Platform (including, but not limited to, by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (including, but not limited to, by masking Your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited.

The Gubagoo name and logos are trademarks and service marks of Gubagoo (collectively the “Gubagoo Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Gubagoo. Nothing in these Terms, or the Platform, should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Gubagoo Trademarks displayed on the Platform without Gubagoo’s prior written permission in each instance. All goodwill generated from the use of Gubagoo Trademarks will inure to Gubagoo’s exclusive benefit.

In using the Platform, You may Upload Content (“Your Content”). You agree that You are solely responsible for Your Content.

By Uploading Your Content You grant Gubagoo a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Platform or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by You to Gubagoo are non-confidential and Gubagoo will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise including, without limitation, to correct errors or add functionality to the Platform, without acknowledgment of, or compensation to, You.

You acknowledge that Gubagoo may collect and store Your personal information and behavior within the Platform, and You hereby consent to such collection and storage. Gubagoo will collect, store, and analyze data about how You interact with the Platform. You acknowledge that Gubagoo shall have the right to use such data to improve the Platform, or for any other lawful purpose without credit or payment to You.

You acknowledge and agree that Gubagoo: 1) may preserve Content, including Your Content; and 2) may also disclose Content, including Your Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any Content, including Your Content, violates the rights of third parties; or (d) protect the rights, property, or safety of Gubagoo, its users, or the public.

You may be able to access or interact with the Platform via various online third-party services, such as social media and social networking services like Facebook, Twitter, or Google (“Social Networking Services”). To take advantage of this feature and capabilities, Gubagoo may ask You to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide Gubagoo with access to certain information that You have provided to such Social Networking Services, and Gubagoo will use, store, and disclose such information in accordance with our Privacy Policy.

If You believe that any Content on the Platform violates Your copyright, You may submit a DMCA-compliant takedown notice via email to privacy@gubagoo.com.

4. No Warranties

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, GUBAGOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GUBAGOO MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. GUBAGOO DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR THE PLATFORM OR FOR ANY MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THE PLATFORM IS SUPPLIED BY THE DEALERSHIP OR OTHER THIRD-PARTY PARTNERS. GUBAGOO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF ANY VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE PLATFORM. GUBAGOO CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. GUBAGOO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE PLATFORM OR IN THE INFORMATION AND CONTENT ACCESSIBLE THROUGH THE PLATFORM.

5. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUBAGOO WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GUBAGOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR USE OF THE PLATFORM. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, GUBAGOO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.

6. Disputes

All claims, disputes, or controversies brought by You and arising out of or relating to these Terms will be submitted to mandatory arbitration in accordance with the commercial rules of the American Arbitration Association (“AAA”). All arbitrators shall be attorneys and shall swear an oath of neutrality. After the arbitration proceeding has been completed, either party may seek enforcement of the award in accordance with the Federal Arbitration Act. Aside from filing or other fees required to initiate the arbitration, all fees of the arbitration will be split evenly between the parties unless an award is made by the arbitrators as otherwise allowed by these Terms. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of these Terms and the arbitrability of the dispute between the parties. If a party does not pay its respective share of arbitration fees, then all claims (including counterclaims) of the non-paying party shall be dismissed by the arbitrators or AAA, and the non-paying party shall not be allowed to bring any further claims in the arbitration for affirmative relief. The non-paying party may still participate in the arbitration to defend claims brought against it. No claims or disputes between the parties may be resolved by class action or class arbitration. The parties agree that any arbitration proceeding will take place in Harris County, Texas, unless otherwise agreed in writing by the Parties. You agree to reimburse Gubagoo for any and all expenses, including reasonable attorneys' fees, that Gubagoo may incur in undertaking the remedies provided for by these Terms and in the enforcement of these Terms.

7. General Terms

These Terms constitute the entire agreement between You and Gubagoo and govern Your use of the Platform, superseding any prior agreements between You and Gubagoo with respect to the Platform (including any prior version of these Terms). These Terms are governed by the laws of the State of Texas, without regard to that State’s conflict of law rules or principles. The failure of Gubagoo to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Notwithstanding any other provision in these Terms, You agree that Gubagoo may seek injunctive relief to enforce these Terms or restrain their breach in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms remain in full force and effect. You may not assign, license, delegate, sublicense, or transfer these Terms or any of Your rights or obligations without the express prior written consent of an officer of Gubagoo. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose. At Gubagoo, we respect the privacy of our users. For details, please see our Privacy Policy and the Hard Credit Pull and Soft Credit Pull Disclosures and Consents provided to You when You have the option to permit a Dealership to access and use Your credit information. By using the Platform, You consent to our collection and use of personal data as outlined in such documents.

8. Gubagoo may be contacted as follows

Gubagoo Inc.

Chief Privacy Officer

One Reynolds Way

Dayton, OH 45430

Email: privacy@gubagoo.com