Website User Agreement and Privacy Statement

Last Modified: 1/16/2026

This website use agreement and privacy statement (the “Website User Agreement and Privacy Statement” or “Terms of Use”) shall govern all access and use by you of (a) the Credit Acceptance Corporation (“Credit Acceptance,” “we,” “us,” “our”) websites available at https://www.creditacceptance.com/marketplace, including all webpages, subdomains and subparts therein contained (collectively, the “Website”) and (b) all services available on or through the Website or otherwise provided by Credit Acceptance in connection with the Website (collectively, the “Services”). This Website User Agreement and Privacy Statement hereby incorporate by reference our Privacy Notice, available at https://customer.creditacceptance.com/privacy-policies, as if fully set forth herein.

This Website is owned by and under the control of Credit Acceptance. Access to and use of the Website and Services are subject to this Website User Agreement and Privacy Statement, which are subject to change and revision from time to time without prior notice. By accessing or using the Website in any form, including through a mobile device, you agree to be bound by these terms and conditions.

PLEASE READ THIS WEBSITE USER AGREEMENT AND PRIVACY STATEMENT CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES, AS IT CONTAINS IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND CREDIT ACCEPTANCE AND WAIVING ANY RIGHT TO A JURY TRIAL OR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. PLEASE CAREFULLY REVIEW THE LEGAL DISPUTE RESOLUTION SECTION FOR COMPLETE DETAILS.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES, DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THESE TERMS OF USE ARE ALSO SUBJECT TO A WAIVER OF JURY TRIAL RIGHTS, AS DETAILED BELOW.

From time to time, Credit Acceptance may (a) supplement or make changes to this Website User Agreement and Privacy Statement and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of Credit Acceptance's system equipment, facilities or software, or (c) modify or withdraw any particular Service referred to in the Website or any Credit Acceptance material, service or system. Credit Acceptance reserves the right to terminate access to the Website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers or otherwise in Credit Acceptance’s sole discretion. Any access or attempt to access or use the Website for any unauthorized or illegal purpose is strictly prohibited. In some instances, both this Website User Agreement and Privacy Statement and separate additional terms or licenses, guidelines, rules or terms of service will apply to your use of some services offered and/or operated by Credit Acceptance (collectively, “Additional Terms”). Credit Acceptance will strive to make available such Additional Terms in connection with the applicable services, and such Additional Terms will apply in addition to this Website User Agreement and Privacy Statement with respect to such services.

The material on this Website is provided for information and convenience purposes only. Although every effort is made to provide accurate, reliable, and current information, Credit Acceptance provides no warranty, express or implied, or guarantee as to the reliability, completeness, or accuracy of the information.

GENERAL INFORMATION

This Website User Agreement and Privacy Statement shall be deemed to have been made in the State of Michigan, United States of America, and shall be governed by, interpreted and enforced in accordance with, and the rights and liabilities of the parties hereto determined in accordance with, the laws of the State of Michigan, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the State and Federal Courts for the County of Oakland, Michigan, United States for the determination of any claim or controversy between the parties arising out of or relating to this Website User Agreement and Privacy Statement. Both parties hereby consent to the jurisdiction of such Courts and waive any objections as to personal jurisdiction or as to the laying of venue in such Courts due to inconvenient forum or any other basis.

If any part of this Website User Agreement and Privacy Statement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provisions will be deemed superseded by valid, enforceable provisions that most closely match the intent of the original provisions of this Website User Agreement and Privacy Statement, and the remainder of the Website User Agreement and Privacy Statement shall continue in effect.

Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Website. You may not impersonate or pretend to be somebody else when providing information. By using the Website, you represent that all information you provide is yours, truthful and accurate.

Services Provided

We reserve the right to withdraw or amend the Website or the Services in our sole discretion and without notice. We are not liable for any unavailability of the Website or the Services.

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. Our practices governing your personal information with respect to the Website and the Services are disclosed in our Privacy Statement. Your decision to provide such information is purely voluntary and optional. However, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website or the Services.

Credit Acceptance is not a vehicle broker or motor vehicle dealer, and does not sell, offer for sale, buy, or negotiate the sale or purchase of any vehicle listed for sale on the Website. Vehicles listed on the Website are presented by Credit Acceptance on behalf of the applicable motor vehicle dealer. Credit Acceptance does not possess any ownership interest in any vehicle listed on the Website, nor does it inspect or inquire into whether the dealer has the capacity to sell the vehicle presented on its behalf. All information about the vehicles listed on the Website is provided by the applicable dealer, and Credit Acceptance does not review or verify the accuracy of such information. Any terms for purchase of a vehicle are negotiated between you and the motor vehicle dealership, whether the purchase is initiated through the Website or otherwise. Credit Acceptance is an indirect financing company and does not provide direct financing or credit to any consumer. Any credit or financing terms for the purchase of a vehicle, which may or may not include assignment of a contract to Credit Acceptance, are subject to agreement between you and a vehicle dealership. We encourage you to review the applicable motor vehicle dealership's terms of use, policies and procedures, including any applicable privacy policies, before initiating the purchase or financing of a vehicle through the Website or the Service.

User Responsibilities

Account, Password and Security.

To access certain features of the Website, you may be required to create an account and choose a password. You are responsible for maintaining the confidentiality of your password and other account information, and are responsible for all activities that occur under your account. You agree to not let any other persons use the Website or access the Services under your registered account, and you are fully responsible for the conduct of all persons who use the Website or access the Services under your registered account. You agree to (a) immediately notify Credit Acceptance of any unauthorized use of your password or account or any other breach of your account's security and (b) logout from your account at the end of each session. Credit Acceptance is not liable for any loss, damage or other liability arising from your failure to comply with this provision or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Credit Acceptance shall be the sole arbiter of such dispute in its sole discretion, and that Credit Acceptance's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

International Use.

The Website is not intended for use outside the United States. However, as it may be possible to access the Website globally, if you choose to access the Websites from locations other than the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local use controls and laws, including those relating to the transmission of personal or technical data exported from or imported to the United States or the country in which you access the Website. Credit Acceptance makes no representation or warranty that the Website or the materials on the Website are appropriate or available for use in locations outside the United States, and accessing the Website or such materials from territories where their contents are illegal is prohibited.

Credit Acceptance Content.

The Website and all of the content it contains, or may in the future contain, including, without limitation, information, data, software, text, design elements, graphics, images, audio, videos and other content, and the design, selection, and arrangement thereof, as well as the copyrights (including in relation to source code and object code), trademarks, service marks, trade secrets and any other form of intellectual property (collectively, the “Site Content”), along with any content contained in or delivered via the Services or otherwise made available by Credit Acceptance with the Services (collectively with the Site Content, the “CA Content”) is protected, as applicable, from unauthorized use, copying and dissemination by copyright, trademark, service mark, trade secret, rights of publicity, moral rights, Laws or treaties. Credit Acceptance owns portions of the CA Content and other portions of the CA Content may be made available to Credit Acceptance through arrangements with third parties. Your ability to access the Website and any provision of Services to you does not grant you any right, title or interest in or to the CA Content, and you agree that such rights are retained, in whole, by Credit Acceptance or the holder of such rights. Any rights not expressly granted to you under this Website User Agreement and Privacy Statement are hereby expressly reserved.

Except as expressly authorized by Credit Agreement in writing or in connection with your use of the intended functionality of the Services as described in this Website User Agreement and Privacy Statement, you shall not:

  • sell, license, rent, modify, distribute, capture, copy, reproduce, transmit, publicly display, perform, transfer, publish, adapt, upload, edit, use, create derivative works from or based upon, or exploit in whole or part any CA Content;
  • post any CA Content on any other web site or in a networked computer environment for any purpose;
  • reproduce, copy or distribute any CA Content for any other purpose without the express prior written permission of Credit Acceptance; or
  • delete or alter any copyright, trademark or other proprietary rights notices from any CA Content.

Any use of the Services or the CA Content other than as specifically authorized herein is a breach of this Website User Agreement and Privacy Statement and may infringe, misappropriate, dilute or otherwise violate copyrights, trademarks or law. You shall use the CA Content only for purposes that are permitted by these Terms of Use and law.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this Website User Agreement and Privacy Statement, your right to use the Website shall terminate immediately and you must, at our option, return or destroy any copies of the CA Content you may have made.

Occasionally, the Website may present information containing typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers or availability. Although we make reasonable efforts to ensure that the Website is current and contain no errors or inaccuracies, we make no representations, warranties or guarantees that the Website’s information is or will be error-free or completely accurate or current at all times, or at any time. We reserve the right at any time in our sole discretion and without notice to correct any errors, inaccuracies or omissions to the information on the Website.

Your Conduct.

You agree to access the Website and use the Services solely for you own personal and non-commercial purposes and subject to these Terms and Use.

You may not access without authorization, or make any unauthorized use of, the Website, the Services, the CA Content, the server on which the Website is stored, or any server, computer or database connected to the Website. You may not access or use the Website or the Services to take any action that could harm or expose to liability us or a third party. You may not use the Website or the Services in violation of law, including export controls and sanctions, or in violation of our or any third party's intellectual property or other proprietary or legal rights. You agree not to introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You agree that you will not circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, the Services or any CA Content (except that the restriction against reverse engineering shall not apply to the limited extent it is prohibited by law). You agree to not impersonate or attempt to impersonate Credit Acceptance, our partners, another user or any other person or entity (including, without limitation, by using email addresses that may be associated with any of the foregoing). Without limiting the foregoing, without Credit Acceptance's prior written consent, you shall not:

  • access any part of the Website, the Services or the CA Content that you do not have permission or authorization to access or for which Credit Acceptance has revoked your access;
  • use robots, spiders, scripts, service, software or any manual or automatic device, tool or process designed to data mine or scrape the CA Content, data or information from the Website or the Services, or otherwise use, access or collect the CA Content or data or information from the Website or the Services using automated means;
  • use the CA Content for the development of any software program, including, but not limited to, training a machine learning (ML) or artificial intelligence (AI) system;
  • use services, software or any manual or automatic device, tool or process designed to circumvent any restriction, condition or technological measure that controls access to the Website or the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Website or the Services;
  • archive the CA Content;
  • modify, reproduce, copy or create derivative works of any part of the Services or the CA Content;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that could disable, overburden, damage or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • do anything that could disable, damage or change the functioning or appearance of the Website or the Services, including the presentation of advertising;
  • remove or alter any proprietary notices or labels on or in the Services or the CA Content; or

Additionally, you agree not to attempt (or encourage or support anyone else's attempt) to do any of the activities prohibited by this Website User Agreement and Privacy Statement.

Trademarks.

The trademarks, service marks and logos of Credit Acceptance (the “CA Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Credit Acceptance. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with CA Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Credit Acceptance or the applicable owner specific for each such use. The Trademarks may not be used to disparage Credit Acceptance, any third party or Credit Acceptance's or third party's products or services, or in any manner (in Credit Acceptance's sole judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any CA Trademark shall inure to Credit Acceptance's benefit.

Your Content.

You acknowledge and agree that, if you contribute, provide or make available any content to the Website or to Credit Acceptance in connection with the Website (“Your Content”), you hereby grant to Credit Acceptance a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, make derivative works of, distribute, translate, publish and display or otherwise exploit Your Content. The foregoing license shall be transferable and sublicensable (through multiple tiers), in each case, for the benefit of Credit Acceptance or its affiliates (but not for the independent benefit of unaffiliated third parties).

By posting Your Content on the Website or in connection with the Services, you consent to the recording, use and re-use by Credit Acceptance, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material and any other identifying information, including, without limitation, any information contained in Your Content, as used, edited, altered, fictionalized or modified by Credit Acceptance, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Credit Acceptance, the Website or the Services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.

You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license and that Your Content (i) does not infringe, misappropriate or otherwise violate the rights of any third party, and (ii) complies with law. In addition, Your Content must be accurate and truthful. Credit Acceptance reserves the right to remove any of Your Content from the Website at any time in its sole discretion.

Content Standards.

The standards provided in this section (the “Content Standards”) apply to all of Your Content and your use of the Services. Your Content must in its entirety comply with law. Without limiting the foregoing, Your Content must not:

  • contain any material that is defamatory, abusive, harassing or hateful;
  • promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any protected class or characteristic;
  • infringe, misappropriate, dilute or otherwise violate any patent, trademark, trade secret, copyright or other intellectual property rights of any person;
  • violate any legal right (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Law or that otherwise may be in conflict with this Website User Agreement and Privacy Statement;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes or other sales promotions, barter or advertising (except for those limited activities which may be expressly permitted by this Website User Agreement and Privacy Statement);
  • give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or

Vehicle Information Disclaimer

This Website includes content provided by third parties. As an example, information about specific vehicles that you see on the Website comes from third-party sources. This includes, but is not limited to: Advertised Price, Pictures, Vehicle Features, Accessories, Mileage, Description, and Estimated Fuel Economy. Although attempts are made to ensure that the information provided is accurate, there is no guarantee that the information is complete, reliable, or current. Vehicle images shown may be stock photos provided by third parties. Trim, color and specifications of vehicles in stock photos may vary from the specific vehicle listed for sale. There are no warranties, express or implied, as to representations and statements about the quality, safety, condition, or availability of any of the vehicles listed for sale on this site. You agree that you will independently ensure a vehicle meets your needs prior to finalizing purchase. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials on the Website, including without limitation any materials provided by any third parties.

The Website includes vehicle listings provided by third parties, including automobile dealerships and other sources. The vehicles listed are subject to prior sale and may not be available when viewed. If any vehicle is no longer available, neither we nor the dealer are obligated to sell a similar vehicle to you at the same price. Please contact the applicable dealer to confirm vehicle availability.

Vehicle history reports, if provided, are provided for informational purposes only from an unaffiliated third-party vehicle report provider, and Credit Acceptance is not responsible for such reports or the information contained therein, including without limitation any inaccuracies or mistakes.

Links To and From Third-Party Websites

The Website may contain hyperlinks to websites operated by third parties other than Credit Acceptance. We do not control such websites and are not responsible for their content. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on the website or any association with their operators. Please be aware that by accessing third-party websites, you will be subject to their own terms and conditions, privacy policy, and security practices, which may differ from those of Credit Acceptance. We encourage you to review the policies of any website you visit before providing any personal information or engaging in transactions. If you decide to access any of the third-party websites linked to the Website, then you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Privacy Statement

Credit Acceptance Corporation understands that your privacy is important and recognizes your right to know how we collect and use information. Any personally identifiable information ("Information") provided by you on the Website is provided voluntarily by you in order for Credit Acceptance to provide a Service. This Information is collected and stored in a manner appropriate to the nature of the Service, as determined by Credit Acceptance, and may be shared with non-affiliated third parties in a manner consistent with the purpose for which the Information was collected, including automobile dealerships enrolled with Credit Acceptance. This Information may also be shared with subsidiaries and divisions of Credit Acceptance for use on behalf of Credit Acceptance in accordance with the terms and conditions of the particular Service. We may store Information and use it for marketing research and other marketing purposes.

If you become a consumer or customer, as those terms are defined in the Gramm Leach Bliley Act, we will treat your non-public personal information as described in the Privacy Notice found at https://customer.creditacceptance.com/privacy-policies .

Collecting and Sharing Website User Data

While visiting the Website, we may collect and store the name of your Internet service provider, operating system, user agent, the browser (including available plug-ins and browser functionality and version) and type of machine you are using, screen resolution, the IP address, location, the website that referred you to us, the pages you request and the date and time of those requests. We use this data to generate statistics and measure site activity to improve the usefulness of customer visits.

In addition, we may share some or all of this data with third parties including Adobe Analytics, Google Analytics, Full Story and Qualtrics for the purpose of generating statistics, improving site performance and usability, and for generating surveys to measure site functionality.

Use of Cookies and Tracking User Traffic

Cookies are pieces of information that a website transfers to an individual's hard drive for recordkeeping purposes so that we may track site and user activity. The use of cookies is an industry standard, and you will find them at most major websites. By showing how and when visitors use the site, cookies help Credit Acceptance to track which areas of our site that are popular and which areas are not. Many improvements and updates to the website are based on such data as the total number of visitors and pages viewed.

In addition to the uses described above, we may use cookies, beacons, embedded scripts, etags and/or HTML5 to track browsing activities conducted with your device, we may partner with Google Analytics or other third parties to deliver advertisements that may be of interest to you, and we may monitor activities on our own website and other websites. If you do not wish to receive this type of advertising from us, you can opt out using the DoubleClick Opt Out page or the Network Advertising Initiative Opt-Out Page. Please be aware that your opt-out applies only to ads based on your browsing activities. After you opt-out, you may continue to receive online advertising, but it will not be targeted to your interests.

At this time the Website does not recognize automated browser signals regarding tracking mechanisms, which may include "do not track" instructions. However, you can change your privacy preferences regarding the use of cookies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. It is possible that some parts of the Website will not function properly if you do so. Also, we will not be able to recognize you as a visitor over time.

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Credit Acceptance through the Website is deemed nonconfidential and is the exclusive property of Credit Acceptance. Credit Acceptance is entitled to use any information or ideas submitted for any purpose without restriction and without compensation or acknowledgement of its source.

Copyright and Trademark Notices

Except as otherwise identified, the copyright in the content of the Website is owned by Credit Acceptance. No part of the Website may be published, stored or transmitted in any form or means without the express written permission of Credit Acceptance. You may download content displayed on the Website for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the content. Products, company names and trademarks, including names, logos, slogans and service marks, appearing on the Website, whether registered or unregistered, are the property of their respective owners. Marks are not to be copied, reproduced, published or in any way used without the written permission of Credit Acceptance Corporation or the identified owner of the trademark.

No Unlawful or Prohibited Use

As a condition of the use of the Website, you warrant to Credit Acceptance that you will not use the Website for any purpose that is unlawful or prohibited by the terms, conditions and notices of this Website User Agreement and Privacy Statement or by any applicable law.

Digital Millennium Copyright Act Compliance

Credit Acceptance complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on the Website, or if you believe that material posted on the Website infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Credit Acceptance to locate the material; (4) Information reasonably sufficient to permit Credit Acceptance to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has 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; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you have a good faith belief that the material you posted was removed or disabled as a result of mistake or misidentification in a Digital Millennium Copyright Act takedown notification, you may contest the takedown by submitting a Digital Millennium Copyright Act counter notification. The counter notification must fully comply with the requirements of 17 U.S.C. 512(g)(3). If we receive a compliant counter notice, we will wait 10 days and then re-enable your content unless the copyright owner initiates a legal action against you before then or Credit Acceptance determines, at its sole discretion, that the content at issue is not appropriate for inclusion.

The Designated Agent for notice of copyright infringement claims may be reached as follows:

Credit Acceptance, Attn: Corporate Legal, 25505 West Twelve Mile Road, Southfield, Michigan 48034-8339 (or any updated address We later give You.)

WARRANTY DISCLAIMER

CREDIT ACCEPTANCE MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE OR SOLD ON THE WEBSITE OR WITH RESPECT TO THE WEBSITE, ANY CA CONTENT OR THE SERVICES. VEHICLE SALES ARE "AS IS" OR SUBJECT TO ANY WARRANTIES OFFERED BY THE DEALER.

CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THE WEBSITE. CREDIT ACCEPTANCE AND ITS DIVISIONS, SUBSIDIARIES, AND VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT ANY NOTICE TO YOU. CREDIT ACCEPTANCE AND ITS AFFILIATES, DIVISIONS, SUBSIDIARIES AND VENDORS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE WEBSITE OR THE SERVICES FOR ANY PURPOSE. THE INFORMATION, SOFTWARE, PRODUCTS, CA CONTENT AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, CA CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CREDIT ACCEPTANCE AND ITS SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER CREDIT ACCEPTANCE NOR ANYONE ASSOCIATED WITH CREDIT ACCEPTANCE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, ITS CONTENTS AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, ITS CONTENTS AND THE SERVICES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREDIT ACCEPTANCE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

IN NO EVENT SHALL CREDIT ACCEPTANCE, ITS DIVISIONS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICER, DIRECTORS OR SUPPLIERS BE LIABLE WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CA CONTENT OR CONTENT ON ANY SUCH OTHER WEBSITES (EVEN IF FORESEEABLE, OR IF WE, OUR DIVISIONS, AFFILIATES OR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) FOR LOSS OR DAMAGE OF ANY KIND, INCLUDING LOSS OF REVENUE, PROFITS, SALES, BUSINESS, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, USE, GOODWILL, REPUTATION OR DATA OR FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, THE THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE. CREDIT ACCEPTANCE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, CREDIT AGREEMENT IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FACILITATED PAYMENT METHOD SERVICE), AND CREDIT ACCEPTANCE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Credit Acceptance, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all costs, expenses, losses, damages, claims and liabilities arising out of or relating to your use of the Website or your violation of this Website User Agreement and Privacy Statement, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized herein.

DISPUTE RESOLUTION

Binding Individual Arbitration

This Arbitration Clause (this “Clause”) describes how a Dispute (as defined below) may be decided and how, under certain circumstances, Disputes will only be decided through binding, individual arbitration. Arbitration is an alternative to a lawsuit in court and there is less discovery and appellate review. In arbitration, a neutral arbitrator decides the case instead of a judge or jury.

Dispute means any disagreement or claim related to the Website or between You and Us. “Dispute” broadly includes contract claims, tort claims, and claims for violations of laws, statutes, ordinances, regulations, or any other legal or equitable theories, except “Dispute” does not include any individual claim in Your state’s version of small claims court, including any appeal of a small claims court decision.

Dispute shall include, but not be limited to, disagreements or claims involving:

  • Your access, use, or interaction with the Website;
  • Any content available on or through the Website;
  • Communications, including telephone calls, emails, online chats, voice messages, or text messages relating to or arising from your use of the Website;
  • Questions of arbitrability; and
  • This Website User Agreement and Privacy Statement.

You and we agree that this Clause will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law). To decide a Dispute, the arbitrator must apply the substantive law that governs the Website, and the arbitrator must honor statutes of limitation and privilege rights. Except as specifically provided in this Clause (e.g., the Waiver of Class Actions and the Mass Arbitration sections), if an arbitrator, or court where applicable, finds that any part of this Clause is invalid or unenforceable, the remainder of this Clause will continue to apply to You and Us. If at any time there is an agreement to arbitrate claims or disputes that is different from this Clause, this Clause will apply instead of that agreement.

Mandatory Informal Dispute Resolution

If there is a Dispute, the complaining party must give the other party written notice (a “Dispute Notice”) before commencing arbitration. The other party shall have at least 60 days to resolve the Dispute. The complaining party must cooperate if the other party makes reasonable requests for information about the Dispute and will not commence arbitration during that 60-day period.

If We have a Dispute, We will send a Dispute Notice to the address You provide. If You have a Dispute, You must mail Us a Dispute Notice to: Credit Acceptance, Attn: Corporate Legal, 25505 West Twelve Mile Road, Southfield, Michigan 48034-8339 (or any updated address We later give You.)

For Your Dispute Notice to be valid You need to do certain things. Your Dispute Notice must include your name, telephone number, and address. It must explain what the Dispute is about and what You would like us to do. You must sign Your Dispute Notice. If You or We send a Dispute Notice, the other party can ask for a telephone call to discuss the Dispute. Each party (and the party’s attorney, if any) must be on the telephone call. The time spent trying to resolve the Dispute following delivery of a Dispute Notice will not count toward any statutory limitation period.

You must complete the Dispute Notice requirements before starting arbitration. A court will have authority to enforce these requirements. A court can stop an arbitration from being filed or stop any arbitration that has been filed if these requirements are not followed. Any arbitration demand must state in writing that the steps in this section have been completed.

Arbitration Procedures

The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration (where appropriate) (“AAA Rules”), as modified by this Clause. The AAA Rules are available online at www.adr.org. Each party has the right to challenge the application of the AAA’s Consumer Arbitration Rules in connection with a Dispute as a threshold administrative issue should it maintain other rules apply (i.e., the AAA’s Commercial Arbitration Rules). If the AAA is unavailable or unwilling to administer the arbitration consistent with this Clause, the parties shall agree to have the arbitration administered by National Arbitration & Mediation (NAM) or JAMS under their applicable rules and procedures, including any mass arbitration rules and procedures, as modified by this Clause. The NAM rules can be found at www.namadr.com and the JAMS rules can be found at www.jamsadr.com. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint NAM, JAMS, or another administrator that will administer the arbitration consistent with this Clause. The AAA Rules or applicable provider’s rules shall be referred to herein as “the Rules.”

If You are submitting an arbitration demand, you shall send it to Credit Acceptance, Attn: Corporate Legal, 25505 West Twelve Mile Road, Southfield, Michigan 48034-8339 (or any updated address We later give You) and follow the Rules for initiating arbitration. If We are submitting an arbitration demand, We shall send it to the most recent address We have on file for You and follow the Rules for initiating arbitration.

By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

The arbitrator may decide that a Dispute can be resolved on written papers without an in-person hearing. However, any Dispute that is part of a Mass Arbitration (defined below) shall have an in-person or video hearing unless the parties agree otherwise. The arbitrator can choose to have any hearing remotely. You and Our representative will personally appear at any hearing (with counsel, if represented). Any in-person arbitration hearing that You attend will be designated in accordance with the Rules and at a place within the United States of America that is reasonably convenient for You. Notice of the time, date and location will be provided to You and Us under the Rules.

An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, You and We agree that each may bring claims against the other only in Your or Our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both You and We agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, private attorney general, or representative proceeding. An arbitrator must follow and enforce this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which You are not a named party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

The arbitrator’s decision is final and binding, except for any right to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”). But if the award is for monetary or other relief that could be worth or cost more than $100,000, You or We can appeal the award. The appeal will be to a three-arbitrator panel through the arbitration organization. The panel’s decision will be by majority vote. If there is an appeal of an initial award, “arbitrator” as used in this Clause will also mean the panel. This Clause’s section on costs for the initial arbitration will also apply if there is an appeal.

Costs of Arbitration

Payment of arbitration fees will be governed by the Rules. You and We agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, You or We may elect to engage with the AAA (or the applicable provider) regarding arbitration fees, and You and We agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Additional Procedures for Mass Arbitration

If You choose to participate in a “Mass Arbitration” (defined below), these Additional Procedures for Mass Arbitration will apply. The other Sections of this Clause will still apply.

You agree that these additional procedures will apply if the same counsel or counsel working together or in coordination with one another assert 25 or more similar or coordinated Disputes (including Yours) against Us (“Mass Arbitration”). You and We agree that as part of these procedures, Your and Our counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s (or applicable provider’s) resources. If Your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for Your Dispute from the time that your Dispute is first submitted to the AAA (or the applicable provider) until Your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

STAGE ONE: If there are at least 100 Disputes in the Mass Arbitration, Your counsel and Our counsel will choose 50 Disputes each to be filed and to proceed as individual arbitrations as part of this initial staged process. Either side can decide to have its 50 Disputes chosen randomly. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims.

If, after this first set of staged proceedings, the parties cannot resolve the Disputes on their own, they will participate in a global mediation of all remaining Disputes. The parties will jointly select a mediator to mediate and attempt to resolve the remaining Disputes (considering the outcome of cases in Stage One.) We will pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the end of Stage One, the parties will each choose 100 Disputes to proceed as individual arbitrations. These Disputes may follow a different process if the parties agree to it in writing after mediation. Either party may choose to have its 100 Disputes chosen randomly. The parties can agree to increase the number of Disputes selected to proceed in Stage Two. If there are fewer than 200 Disputes remaining, all will proceed individually in Stage Two.

No more than three cases may be assigned to a single arbitrator to proceed individually unless the parties agree in writing. If a Dispute is withdrawn without both parties’ permission, then another Dispute will be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After Stage Two is complete, the parties will engage in a mediation of all remaining Disputes. The parties will jointly select a mediator to mediate any Disputes that were not resolved in Stages One or Two. We will pay the mediator’s fee for consumer Disputes.

After the mediation session, if there are more than 200 Disputes that are not settled or withdrawn, each remaining Dispute that is not settled or withdrawn will be opted out of arbitration and may proceed in a court of competent jurisdiction on an individual basis consistent with the remaining claims. After the mediation session, if there are 200 or fewer Disputes that are not settled or withdrawn, all will proceed individually in arbitration.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this Clause. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to Your Dispute and are not enforceable, then Your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction on an individual basis consistent with the remainder of the Clause.

Waiver of Jury Trial; Waiver of Class Actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE KNOWINGLY, VOLUNTARILY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL. YOU AND WE ALSO KNOWINGLY, VOLUNTARILY AND UNCONDITIONALLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN COURT. HOWEVER, THE PARTIES SHALL STILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. THIS WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTIONS PROVISION IS AN ESSENTIAL PART OF THIS AGREEMENT. IF THE CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN, ONCE AN APPEAL IS OVER, THIS ENTIRE CLAUSE, EXCEPT FOR THE JURY TRIAL WAIVER AND THIS SENTENCE, WILL BE UNENFORCEABLE.

MODIFICATIONS OF THE WEBSITE USER AGREEMENT AND PRIVACY STATEMENT

Credit Acceptance reserves the right to change this Website User Agreement and Privacy Statement at any time by revising the terms and conditions herein. The Website visitor is responsible for regularly reviewing these terms and conditions which have been or will be published on the Website.

Any rights not expressly granted herein are reserved.


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