TERMS OF USE
This website (the "Site") is operated by Smart Chevrolet (the "Dealership," "we," "us," or "our"). By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into these Terms of Use (the "Terms"). These Terms expressly incorporate by reference our Privacy Policy, which is accessible via the Site.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
1. Pricing, Inventory, and Typographical Errors
Typographical & Technical Errors: Smart Chevrolet strives to maintain accurate and up-to-date information across the Site. However, we are not responsible for typographical, photographic, data transmission, pricing, specification, or technical errors that may appear on the Site, including errors related to vehicle availability. Furthermore, vehicles advertised on the Site may feature or reference third-party manufacturer programs, special offers, rebates, incentives, or pricing structures associated with specific brands or models ("Offers"). We assume no responsibility or liability for the accuracy, validity, or content of any such Offers, nor are we responsible for any errors, omissions, or misrepresentations contained within Offer descriptions or details.
Right to Cancel: In the event a vehicle is displayed, listed, or quoted with an incorrect price, inaccurate payment terms, or erroneous specifications, whether resulting from a human entry error, technical glitch, or data feed malfunction, the Dealership reserves the absolute right to refuse, modify, or cancel any inquiries, reservations, holds, or pending purchase offers for the vehicle. This right applies regardless of whether the order, reservation, or offer has been acknowledged, confirmed, or processed.
FTC Total Price Compliance & Non-Binding Offers: All vehicle prices, quotes, and payment estimates displayed on the Site exclude applicable government fees and taxes, including but not limited to state and local sales tax, title fees, license fees, registration fees, and our standard dealer Service and Handling Fee of $129.00. All online pricing, vehicle listings, and promotional descriptions are provided strictly for informational purposes and do not constitute a binding legal offer or a firm contract to sell.
Vehicle Availability: Inventory feeds and data synchronizations occur periodically and may be subject to technological delays, network latency, or processing lags. Consequently, a vehicle displayed as in-stock, available, or reserved on the Site may have already been sold, leased, traded, or otherwise removed from our physical inventory prior to the website update.
Third-Party Data Disclaimer: Vehicle features, trim levels, mileage, fuel economy ratings (MPG), accessories, and equipment specifications are frequently populated automatically through third-party VIN decoding tools, data providers, and manufacturer feeds. Smart Chevrolet does not warrant or guarantee the absolute accuracy, completeness, or reliability of this automated information. Prospective buyers are solely responsible for inspecting the vehicle and verifying all features, options, condition, and specifications directly with a dealership representative prior to completing a purchase.
2. Communications (TCPA, CAN-SPAM, & Carrier Compliance)
Express Written Consent for Phone and Text Communications: By submitting your telephone number through the Site (including via lead generation forms, quote requests, credit applications, or scheduling widgets), you provide explicit, affirmative, and express written consent for Smart Chevrolet and its authorized agents, representatives, and financing partners to contact you. This consent authorizes us to deliver, place, or transmit autodialed, automated, pre-recorded, or artificial voice telemarketing calls, promotional messages, and SMS/MMS text messages concerning vehicle inventory, pricing inquiries, service appointments, financing offers, and dealership updates.
Scope and Voluntariness: You acknowledge and agree that your consent to receive marketing and operational text messages or phone calls is not a condition of purchasing any vehicle, goods, or services from Smart Chevrolet.
Opt-Out Instructions: You retain the right to revoke your consent at any time. To stop receiving text messages, you may reply STOP (or QUIT, END, CANCEL, or UNSUBSCRIBE) to any text message you receive from us. Following an opt-out request, you may receive a final confirmation message, after which no further text messages will be sent unless you explicitly opt-in again. To stop phone calls, you may verbally request to be placed on our internal do-not-call list during any conversation with our staff.
Message Frequency and Carrier Fees: Message and data rates may apply depending on your mobile service plan. Message frequency will vary based on your interactions with our dealership, active inquiries, and scheduled communications. Wireless carriers are not liable for delayed or undelivered messages.
Email Communications (CAN-SPAM Compliance): By providing your email address, you consent to receive customer service correspondence, transactional notices, and promotional email communications from Smart Chevrolet. You may opt out of promotional emails at any time by clicking the "Unsubscribe" link located at the bottom of any marketing email. Transactional or service-related emails regarding your active inquiries, vehicle orders, or financing status will continue as necessary.
3. Indemnification
You agree to defend, indemnify, and hold harmless Smart Chevrolet, its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including, without limitation, reasonable legal and attorney’s fees, arising out of or related to: (i) your access to or use of the Site; (ii) your breach or violation of any provision of these Terms; (iii) your infringement or violation of any third-party right, including any copyright, intellectual property, publicity, or privacy right; or (iv) your submission of any false, misleading, fraudulent, or unauthorized information, including but not limited to fraudulent credit applications or fabricated contact details.
4. Disclaimer of Warranties
"As-Is" Provision: The Site, including all inventory feeds, digital tools, materials, and services provided herein, is delivered strictly on an "As-Is" and "As-Available" basis. Smart Chevrolet makes no representations or warranties of any kind, whether express or implied, regarding the operation of the Site or the accuracy, completeness, currency, or reliability of the information, content, materials, or vehicle products included on the Site. To the maximum extent permitted by applicable law, Smart Chevrolet expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Uptime: Smart Chevrolet does not warrant, guarantee, or represent that the Site will be secure, uninterrupted, accessible, or error-free, that identified defects will be corrected in a timely manner, or that the Site and the servers powering it are entirely free of viruses, malware, or other harmful digital components.
5. Limitation of Liability
Exclusion of Damages: To the fullest extent permitted by applicable law, Smart Chevrolet, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including, without limitation, damages for loss of profits, revenue, data, use, or goodwill, arising out of or in any way connected to your access to, use of, or inability to use the Site, or reliance upon any information obtained therein.
Liability Cap & Exclusive Remedy: If you are dissatisfied with any portion of the Site, any inventory listings, pricing details, or any of the provisions within these Terms, your sole, exclusive, and ultimate remedy is to immediately discontinue your access to and use of the Site.
6. Dispute Resolution (Arbitration & Class Action Waiver)
Mandatory Arbitration: Any dispute, controversy, or claim arising out of, relating to, or in connection with your access to or use of the Site, vehicle listings, or these Terms shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules, rather than in a court of law. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Class Action Waiver: You and Smart Chevrolet mutually agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to bring, join, or participate in any class action, collective lawsuit, private attorney general action, or consolidated proceeding against Smart Chevrolet in any forum.
Governing Law: These Terms, your use of the Site, and any separate agreements or transactions through which we provide services to you shall be governed by, construed, and enforced in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles.
7. Third-Party Links & Services
Our website incorporates and links to various third-party tools and services, including but not limited to trade-in valuation tools (e.g., Kelley Blue Book), original equipment manufacturer (OEM) build-and-price configurators, and third-party credit application portals. Smart Chevrolet is not responsible or liable for the content, accuracy, privacy practices, data security, or credit decisions made by these third-party tools or websites. Your use of third-party integrations is at your own risk.
8. Intellectual Property & Acceptable Use
Copyrights and Trademarks: All content featured, displayed, or hosted on the Site, including but not limited to custom site design, text, graphics, user interfaces, source code, software, and exclusive dealership photography, is the sole and exclusive property of Smart Chevrolet and is protected by applicable intellectual property laws. Third-party brand names, original equipment manufacturer (OEM) logos, vehicle imagery, and trademarks remain the intellectual property of their respective manufacturers.
Anti-Scraping & Data Extraction: You are strictly prohibited from utilizing any software bots, spiders, web scrapers, data mining tools, automated scripts, or other automated mechanisms to access, monitor, or extract inventory data, pricing structures, vehicle specifications, descriptions, or images from the Site for any commercial purpose, competitive analysis, or inclusion in unauthorized third-party databases.
Prohibited Conduct: You agree not to submit false, misleading, fraudulent, or unauthorized information (including fake lead inquiries, inaccurate trade-in details, or fraudulent financing applications) and you agree not to attempt to breach, compromise, or interfere with the security, network infrastructure, servers, or proper operational functioning of the Site.
9. Privacy Policy Integration
GLBA Compliance & Data Protection: Protecting your personal information and non-public financial data is a core priority for Smart Chevrolet. Any consumer financial data or personal information collected through the Site is managed and safeguarded in strict compliance with the Gramm-Leach-Bliley Act (GLBA), state privacy laws, and our comprehensive Privacy Policy. By accessing the Site or agreeing to these Terms, you acknowledge, understand, and consent to the data collection, processing, sharing, and security practices detailed in our Privacy Policy, which is accessible via link to Privacy Policy.
10. Contact Information
If you have any questions, concerns, formal notices, or technical issues regarding these Terms of Use, your interaction with the Site, or our operational practices, please reach out to us using the details below:
Phone Number: (870) 543-2289
Email Address: PrivacyTOS@smartdrive.com
We are dedicated to addressing all inquiries expeditiously and ensuring a transparent, secure experience for every visitor to our platform.