Carvana Investigation Part 5: Terms & Conditions
Posted by Big Brand Wholesale.com on 12th Jan 2022
Just when you thought our investigation into Carvana couldn't get any more strange, here we are, at Part 5.
If you haven't read parts 1 through 4, you really need to because we have uncovered information that SHOULD alarm any normal person. This installment of our investigation is just the icing on the cake, but if you have not read part 1 yet, start at the beginning and you will end up right back here.
As mentioned in Part 4, there is a load of legal action against Carvana, ranging from Class Action Lawsuits to numerous states having to step in, investigate, suspend and debate permanently banning Carvana. What I had pointed out in the prior article was that the Class Action might have a problem moving forward due to Carvanas Terms section; a Terms section that is every bit as batsh*t crazy as Carvana appears to be. You can read through all of the Terms here, but here's a few very troubling highlights. Before we get started, I would like to point out that these Terms are supposed to be related to the website, Carvana.com, however as you will see below, it appears Carvana is also rolling-in additional terms, outside of just the use of the website. For each highlight I will show you exactly what Carvana.com says, followed by a simple, common-person-speak explanation:
Section E. Indemnification:
What it says: "You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service."
What this means: You won't expect any form of compensation if something goes wrong ANNND, this includes "undisclosed", which implies that if they don't tell you something is wrong, oh well.
Section K. Disputes and Jurisdiction:
What it says: "In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in this User Agreement and Privacy Policy, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content available on or through the Service, or any edits, deletions, additions, or other changes thereto; or (iv) your ability or inability to access, visit and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content available on or through the Service."
What it means: If you have a problem with your account, the ONLY solution is to never use it again.
What it says: "You are giving up your right to a trial by jury or class action or similar relief." You have all other rights and remedies under applicable law. We will not object if you wish to use small claims court. An arbitration administrator and arbitrator may waive or reduce its fees for financial hardship. If you ask in writing, we will pay all administrator and arbitrator fees up to $2,500 that the administrator will not waive for any claims you assert in good faith. We will consider in good faith your request to pay all or part of any administrator or arbitrator fees over $2,500. The arbitration will occur at the closest AAA or J.A.M.S. office to where you live."
What it means: You agree not to file a class action lawsuit or sue them in "real court". They still allow you to proceed with a small claims court case however most states limit small claims lawsuits to $5,000 total judgement or less. So if you're at a loss of $35,000, the most you can recuperate is $5,000. Some states limit Small Claims to $2,500.
Folks, we could continue on with this 5-Part investigation but what's the point? One last thing I would like to point out is that today is January 9, 2022 and Carvanas terms were last "updated and effective" in 2020:
You can read all of Carvanas Terms here: https://www.carvana.com/terms-of-use or go back and start reading our investigation at Part 1.
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