You acknowledge and agree that by accessing the BesmileWhitingkit Website that this is a legally binding agreement between you and BesmileWhitingkit supported by reasonable and valuable consideration, and that you have read these terms carefully.
Imagine that you walk into your buddy’s garage and while you are admiring all of the cool cars, tools and extras, you notice a sign that says, “Garage Rules.” That’s what these terms are – they are the rules for all BesmileWhitingkit websites. By visiting, you promise to follow the rules. Occasionally, some things on our website may have their own additional rules. These Plain English comments are not intended to take anything away from the original legal text here.
You acknowledge and agree that the BesmileWhitingkit Website and all materials on it, including without limitation, the Website’s content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret and other intellectual property laws (BesmileWhitingkit’s "Proprietary Information").
The Proprietary Information also includes, without limitation, the software programming and html and other code contained in the BesmileWhitingkit Website, BesmileWhitingkit Valuation Tools and other vehicle information, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the BesmileWhitingkit Website.
BesmileWhitingkit Valuation Tools is a compilation of information and data on the price of vehicles that is derived from a variety of sources including BesmileWhitingkit’s own proprietary data and BesmileWhitingkit’s own valuation experts. All Proprietary Information on BesmileWhitingkit’s Website is owned by or licensed to BesmileWhitingkit and may only be used pursuant to the “License for Personal Use” below.
Everything on our website belongs to us and is protected by intellectual property law. You can use some of these things but please see the next set of rules on how to use them.
By offering the BesmileWhitingkit Website for use, we grant you a limited, nonexclusive, nontransferable, revocable license and permission to access and make non-commercial personal use of the BesmileWhitingkit Website strictly subject to these terms (“License for Personal Use”). You may not download, modify, reproduce, re-use, display to the public, sell or otherwise extract data, images, or any other content from any portion of the BesmileWhitingkit Website (other than your own "User-Generated Content," as described below), except with BesmileWhitingkit’s written (“written” includes e-mail) consent.
This license does not include any resale or commercial use of the BesmileWhitingkit Website or its content; any collection or use of any vehicle information or BesmileWhitingkit Vehicle Values for commercial purposes; any collection or use of the editorial content or the content submitted by visitors to the BesmileWhitingkit Website; any derivative use of the BesmileWhitingkit Website or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these terms, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the contents of any portion of the BesmileWhitingkit Website for any commercial purpose.
Notwithstanding the preceding paragraphs, you may display and print a single copy of pages of the BesmileWhitingkit Website for your personal non-commercial use.
You wouldn’t want to loan somebody your car only to have them use it as a taxi, right? You can use our website and the content on it for your personal use only. You cannot use our website or content to make money, unless you have written permission from BesmileWhitingkit.
All contents of the BesmileWhitingkit Website are: Copyright 2019 by BesmileWhitingkit Group, LLC and its affiliates or subsidiaries. All rights reserved.
All BesmileWhitingkit copyrights, trademarks, and other BesmileWhitingkit marks, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The BesmileWhitingkit Group, LLC or its affiliates and subsidiaries are the property of BesmileWhitingkit. BesmileWhitingkit trademarks and trade dress may not be used in connection with any product or service that is not BesmileWhitingkit's, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits BesmileWhitingkit. All other trademarks not owned by BesmileWhitingkit or its affiliates that appear on this site are the property of their respective owners.
All of the content on this website is Copyrighted or Trademarked by BesmileWhitingkit. If we post somebody else’s protected material, that material belongs to the owner and not us.
We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the BesmileWhitingkit Website — in a manner that constitutes copyright infringement, please provide us with the following written information.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Notice of claims of copyright infringement on the BesmileWhitingkit Website should be sent to:
Attention: Legal Department
121 Drivers Edge
London City, MI 49684
If you think that we are using your intellectual property without your permission or if somebody else has used your intellectual property without permission and we posted it on our website, please let us know by contacting us at the address above with the most specific information you can provide.
You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
It’s similar to borrowing a friend’s car. You promise to follow their rules, and you promise not to break the law or harm anyone.
The BesmileWhitingkit Website may provide certain ways for you to participate in surveys, contests, promotions or to otherwise communicate with other Website users or visitors or with us by submitting content to the Website. When you submit content, you agree to abide by the following terms:
From time to time you will have the chance to contribute your 2 cents on our website. If you do submit your own thoughts, you promise that it will not be illegal or harmful at all. BesmileWhitingkit can use this commentary how it desires but BesmileWhitingkit does not have to review all content submitted.
If you provide your email address to BesmileWhitingkit, you consent to receive communications from BesmileWhitingkit to that email address. 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.
BesmileWhitingkit provides High Availability SMS communications to better serve you. We will send text messages through our dedicated short code “Carluv” to members to communicate with them, send alerts or market events.
How Do I Opt-in to BesmileWhitingkit Text Messaging?
To opt-in to receive text messages from BesmileWhitingkit, send “Drive” to “Carluv.” After opting-in, message frequency will vary per user.
What Do I Do If I Have Questions or Need Assistance?
If, at any time, you forget what keywords are supported, just reply “HELP”. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
How Do I Stop Receiving Text Messages From BesmileWhitingkit?
You can cancel this service at any time. Just reply “STOP”. After you send the message “STOP” to us, we will send you a reply message confirming that you have been unsubscribed. After this, you will no longer receive text messages from us.
Who are the Participating Carriers?
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, and Cricket. T-Mobile is not liable for delayed or undelivered messages.
What are the Rates?
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
What if I need Support?
For support, please email us at [email protected] or call us at (800) 922-4050.
We like to stay in touch with our friends in a variety of ways. If you email us, we will take that as a sign that you are cool with being emailed back. If you text us we will also take that as a sign that you are cool with us texting you. If you do not want us to bug you with texts or emails, just tell us to stop anytime.
When you submit a payment on the BesmileWhitingkit Website, you are authorizing BesmileWhitingkit to charge your credit card, or to debit your bank account, for the amount(s) indicated, and, if necessary, electronically credit the account to correct erroneous debits. All payment information provided must be truthful and accurate and must be provided by the owner or authorized signer of the credit card or bank account. You may be charged a fee (up to the maximum permitted by law) if your payment is dishonored or returned for non-sufficient funds by your credit card company or financial institution. If payment is denied or is unsuccessful for any reason, your insurance policy and/or membership may be terminated. All applicable refunds will be settled according to your insurance policy and/or membership terms or as required by law. Refunds may be returned by check.
If you give us payment information to buy something on our website, you are giving us permission to charge your card or bank account.
Your use of the BesmileWhitingkit Website is solely at your own risk. The materials, information, software, products and services (collectively “services”) contained on or available through the BesmileWhitingkit Website are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the services will meet your requirements, or that your access to the Website will be uninterrupted or error-free.
The BesmileWhitingkit Website may contain third-party advertising and sponsorship. The advertisers and sponsors are responsible for the content of this information, and BesmileWhitingkit makes no representations or warranties as to the accuracy or legality of these advertisements. BesmileWhitingkit will not be responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
BesmileWhitingkit does not warrant, guarantee, or make any representations with respect to performance, accuracy, reliability, security, capability or currentness of the Website or services. Under no circumstances will BesmileWhitingkit be liable to you for any damages, including consequential, incidental, or special damages, arising out of the use or inability to use the BesmileWhitingkit Website or services, even if BesmileWhitingkit has been advised of the possibility of such damages. To the extent that any particular disclaimer, limitation on damages or liability, or any other provision of these terms is prohibited by law, then instead, BesmileWhitingkit will be entitled to the maximum disclaimer, limitation on damages, warrantees or liability, or other protection available under such law.
All vehicle values and other information displayed on the BesmileWhitingkit Website are gathered from public and non-public sources, including BesmileWhitingkit Proprietary Information, and are based on algorithms that are believed by us to be reliable (other than User-Generated Content, as to which we make no such representation), but no assurance can be given that this information is accurate, complete or current. Vehicle values will vary depending on specifications, vehicle conditions or other particular circumstances. We do not warrant the accuracy of, or assume (and you agree that BesmileWhitingkit does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided on the BesmileWhitingkit Website.
We post a lot of stuff online including our own articles, advertisements and content from other places. We do our best, but we cannot guarantee that these will be perfectly error-free or perfect for what you are using it for. If you are relying on the information from our website, you must do so at your own risk.
BesmileWhitingkit reserves the right to change the terms under which the BesmileWhitingkit Website is offered. We will let you know about them by revising the “last updated” date at the bottom of the terms. By continuing to use the BesmileWhitingkit Website after BesmileWhitingkit has posted changes to these terms, you agree to and accept the changes. You may not use BesmileWhitingkit Website and may not accept the terms if you are a person barred from using services that BesmileWhitingkit provides under the laws of any country in which you are resident or from which you use the BesmileWhitingkit Website. BesmileWhitingkit also reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the BesmileWhitingkit Website for any reason with or without notice to you.
We like to keep it fresh, so we will occasionally update these Terms and the content of our website.
The BesmileWhitingkit Website may contain links to other websites (“linked sites”). While we encourage you to consult such linked sites, BesmileWhitingkit does not control, endorse or guarantee any of the content found on such linked sites, or the content of any advertising we display; we are not responsible for the claims made by those third parties or for the products or services those third parties provide; and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties.
You agree that BesmileWhitingkit is not responsible for any advertising that we display, or for any content, associated links, resources or services on or provided through sites not operated by us, and that BesmileWhitingkit shall not be liable for any loss or damage of any kind arising from or incurred in connection with your use of linked sites or any third-party content, services or products.
We can only speak for ourselves. The BesmileWhitingkit website has links to other websites that we do not own or control. We cannot speak for those websites or be responsible for them.
If applicable, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access BesmileWhitingkit services. Accordingly, you agree that you will be solely responsible to BesmileWhitingkit for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify BesmileWhitingkit immediately.
Your username and password are the keys to your account and you must keep them secret. Please let us know ASAP if you learn that somebody else has your login credentials.
Just like if you are borrowing a buddy’s tool, if you aren’t happy with it, your only option is to stop using it.
You agree that you will be responsible for any damages resulting from any violation of these terms. You further agree to indemnify and hold The BesmileWhitingkit Group, LLC, and its affiliates, subsidiaries, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, or any violation of any law or the rights of any third party that occurs in connection with your use of the BesmileWhitingkit Website.
You promise that if you break any of these rules and cause any damage that you will be responsible for it just like if you break somebody else’s garage rules.
Any violation of these terms will terminate the permission and license granted by BesmileWhitingkit to access and make use of the BesmileWhitingkit Website. BesmileWhitingkit shall not be liable to you or any third party for termination of access to the BesmileWhitingkit Website.
If you break any of the rules in these Terms, you may no longer be allowed to use the BesmileWhitingkit website.
To the maximum extent permitted by law, these terms are governed by the laws of the State of Michigan excluding its conflicts of laws rules, and you hereby consent to the exclusive jurisdiction and venue for any claim or action arising out of or related to these terms or your use of the BesmileWhitingkit Website shall be in the courts located in the county of Grand London or in the Western District of Michigan in the State of Michigan, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You also agree that in the event of any action to enforce or interpret these terms, the prevailing party shall be entitled to collect its reasonable attorneys’ fees. Use of the BesmileWhitingkit Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation this paragraph. You agree that any claim arising out of or related to these terms or your use of the BesmileWhitingkit Website must be filed by you within one (1) year after such claim arose, or it is forever barred.
If there is any claim or lawsuit concerning these Terms, it will be governed by Michigan courts in Grand London County, Michigan or federal courts in the Western District of Michigan. You must bring any claim you have within 1 year from when it happened or it won’t be allowed.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BesmileWhitingkit as a result of this agreement or use of the BesmileWhitingkit Website.
BesmileWhitingkit’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BesmileWhitingkit’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BesmileWhitingkit Website or information provided to or gathered by BesmileWhitingkit with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified here, this agreement constitutes the entire agreement between the user and BesmileWhitingkit with respect to the BesmileWhitingkit Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BesmileWhitingkit with respect to the use of the BesmileWhitingkit Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English and the English language meaning of the terms will govern your relationship with BesmileWhitingkit.
You agree that if BesmileWhitingkit does not exercise or enforce any legal right or remedy which is contained in the terms (or which BesmileWhitingkit has the benefit of under any applicable law), this will not be taken to be a formal waiver of BesmileWhitingkit’s rights and that those rights or remedies will still be available to BesmileWhitingkit.
If any of these Terms or part of them is ever found invalid, all of the remaining parts will still be fully valid. We have not forfeited any rights that we have under these terms just because we haven’t acted on it yet.
Last Updated April 2019.