Terms of Use

1. Acceptance of Terms

Welcome to The Car Mom. These Terms of Use (the “Terms”) constitute a legally binding agreement between you and Car Mom Inc. (“The Car Mom,” “Company,” “we,” “us” or “our”) governing your access to and use of all websites, mobile applications, digital platforms, social media channels, newsletters, memberships, subscription services, consultations, digital products, physical products, reviews, rankings, referral tools, affiliate offerings and related services that link to or reference these Terms (collectively, the “Services”).

By accessing, browsing, using, registering for, subscribing to, purchasing from or otherwise interacting with the Services in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms, as well as our Privacy Policy and any additional policies, disclosures or guidelines incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

The Car Mom reserves the right, in its sole discretion, to revise, modify or update these Terms at any time. Any modifications shall become effective immediately upon posting, unless otherwise stated. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

The Car Mom operates a consumer-facing automotive, family lifestyle and product advisory platform designed to provide educational content, proprietary reviews, rankings, recommendations, editorial materials, virtual consultations, subscription products, memberships, digital courses, product recommendations, affiliate opportunities, sponsored content, lead generation services and related resources intended to assist consumers in researching, evaluating and making informed decisions regarding vehicles, child safety products, automotive accessories and related goods or services.

The Services may include, without limitation, vehicle reviews, family-focused automotive content, child safety seat recommendations, proprietary rankings, product comparisons, downloadable resources, premium memberships, newsletters, SMS communications, social content, shopping assistance, consultations, partner offers, dealer referrals, financing opportunities, insurance offers, merchandise and other products or services.

To deliver, operate, improve and commercialize the Services, The Car Mom may collect, create, publish and commercialize User Content, Expert Content, Consultation Data, proprietary ratings, rankings, recommendations and related editorial or advisory outputs derived from consumer interactions, aggregated insights and third-party data sources, as further described in the Privacy Policy.

All Services are offered for informational, editorial, educational and commercial purposes. The Car Mom is not a licensed automobile dealer, lender, insurer, broker, financial advisor or legal advisor unless expressly stated. The Car Mom does not guarantee the availability, pricing, suitability, merchantability, financing terms or outcomes of any third-party products or services.

3. Eligibility and User Accounts

Certain portions of the Services may require you to create an account, purchase a subscription, enroll in a membership, register for consultations or otherwise submit information. You agree to provide accurate, current and complete information and to maintain and promptly update such information as necessary.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to share, transfer, sell, sublicense or otherwise provide access to your account, membership or subscription credentials to any third party without our express written consent. You further agree not to impersonate any person or entity, misrepresent your identity or otherwise use the Services fraudulently.

The Car Mom reserves the right to suspend, restrict, terminate or otherwise deny access to any user account, membership, subscription or Service at any time, with or without notice, where we determine, in our sole discretion, that a user has violated these Terms, engaged in fraudulent or unlawful conduct, misused proprietary assets, engaged in competitive misuse, created operational or legal risk or otherwise acted inconsistently with the intended purposes of the Services.

4. User Content and Community Submissions

The Services may permit users to submit, upload, post, publish or otherwise transmit reviews, comments, rankings, ratings, testimonials, survey responses, social submissions, photographs, videos, suggestions, recommendations or other content (“User Content”). By submitting User Content, you grant The Car Mom a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free and fully paid license to use, reproduce, distribute, display, perform, publish, modify, adapt, translate, create derivative works from and otherwise exploit such User Content in any media now known or hereafter developed for any lawful business purpose, including editorial, promotional, advertising, marketing, syndication, platform improvement and commercial purposes.

The Car Mom may incorporate User Content into its proprietary reviews, ratings, rankings, recommendations, editorial materials, marketing assets, educational resources and other commercial offerings. Users may not submit, publish or distribute content that falsely implies endorsement, sponsorship, affiliation or approval by The Car Mom, Kelly Stumpe or related partners. The Car Mom has no obligation to maintain User Content in confidence, compensate users for submissions or return submitted materials.

You represent and warrant that: (a) you own or otherwise control all rights necessary to grant the foregoing license; (b) your User Content is accurate and not misleading; (c) your User Content does not violate applicable law or infringe, misappropriate or otherwise violate the rights of any third party; and (d) your User Content is not defamatory, fraudulent, obscene, abusive or otherwise objectionable.

The Car Mom reserves the right, but not the obligation, to monitor, review, edit, remove, reject or restrict User Content in its sole discretion for any reason, including where such content violates these Terms, harms our brand, creates legal exposure or is otherwise inconsistent with our standards.

5. Intellectual Property Rights and Proprietary Restrictions

All content, software, systems, methodologies, rankings, reviews, recommendations, designs, graphics, logos, trademarks, service marks, videos, editorial materials, databases, downloadable materials, course materials, subscription resources and all other elements of the Services (collectively, “Company Content”) are owned by or licensed to The Car Mom and are protected by copyright, trademark, trade secret and other applicable intellectual property laws. This includes proprietary methodologies, ranking frameworks, review systems, recommendation engines, editorial processes, consultation frameworks, aggregated consumer insights and derivative business intelligence developed through operation of the Services. Company Content also includes The Car Mom’s and Kelly Stumpe’s name, likeness, voice, image, persona, trademarks, service marks, logos, trade dress, social media identity, storefront branding, creator marks, video presence, signature content formats, promotional assets and related publicity rights, all of which may not be used, copied, reproduced, licensed, marketed, simulated or otherwise exploited without prior written authorization.

Except as expressly authorized in writing by The Car Mom, you may not copy, reproduce, republish, upload, post, transmit, distribute, scrape, crawl, mine, reverse engineer, decompile, disassemble, create derivative works from, commercially exploit, license, sell, lease, benchmark, train artificial intelligence systems on, use for machine learning purposes, aggregate into databases or otherwise misuse any portion of the Company Content. Unauthorized reproduction, simulation, cloning, synthetic generation, commercial exploitation or derivative use of such assets is strictly prohibited.

You specifically agree that you will not use any automated means, including bots, crawlers, spiders, scripts, data mining tools, artificial intelligence models, machine learning systems or similar technologies, to access, monitor, extract, copy or repurpose any portion of the Services or Company Content for unauthorized purposes, including competitive analysis, republication, AI training or derivative dataset creation.

6. Affiliate, Sponsored, Marketplace and Referral Relationships

The Car Mom may disclose Personal Information, where authorized by the consumer, to dealers, lenders, insurers, OEMs, affiliate partners, warranty providers or other third parties in connection with consumer-directed requests, lead generation, referral opportunities, consultations or related commercial activities, consistent with the Privacy Policy.

The Services may include affiliate links, sponsored placements, paid promotions, product recommendations, marketplace offers, dealer referrals, financing opportunities, insurance products, warranties, merchandise, third-party services and other monetized relationships. The Car Mom may receive commissions, referral fees, advertising fees or other compensation from clicks, purchases, referrals, subscriptions or transactions resulting from such activities. All affiliates, ambassadors, promoters, community members, sponsored partners or other parties who promote, distribute or monetize The Car Mom’s content, products or Services must comply with all applicable advertising, affiliate marketing, sponsorship, endorsement and consumer protection laws, including FTC Endorsement Guides and disclosure obligations.

You acknowledge that third-party providers are independent entities and that The Car Mom does not own, control or assume responsibility for third-party products, services, pricing, financing, inventory, warranties, transactions, policies or practices. Any transactions or interactions between you and a third party are solely between you and that third party and are governed by the third party’s own terms and policies.

While The Car Mom may provide editorial opinions, recommendations or educational guidance, such content does not constitute guarantees regarding product performance, pricing, transaction success or service quality.

7. Consultations and Advisory Services Disclaimer

The Car Mom may offer consultations, shopping guidance, product recommendations, educational materials and other advisory Services intended to support consumer decision-making. These Services are provided solely for informational and educational purposes and do not constitute legal, tax, financial, investment, insurance or professional advice.

The Car Mom makes no representations, warranties or guarantees regarding the outcomes, quality, safety, legality, merchantability, title status, condition, pricing, financing terms, lease terms, trade-in value, warranty coverage, insurance availability, tax implications, shipping arrangements, transportation providers, dealership conduct, manufacturer representations, vehicle history, accident history, title history, recall status, inspection results, regulatory compliance, suitability, availability or overall success of any vehicle purchase, sale, lease, financing arrangement, product recommendation, third-party service or related transaction discussed, facilitated or referenced through the Services. This includes, without limitation, risks arising from new or used vehicle purchases, dealer practices, lender decisions, undisclosed defects, mechanical failures, title defects, fraud, misrepresentations, recall issues, aftermarket products, third-party warranties, vehicle transportation or shipping damage, delayed delivery, failed transactions, pricing discrepancies, documentation errors, contractual disputes or other losses that may arise before, during or after a transaction.

Consumers remain solely responsible for conducting independent research, verifying all transaction details, obtaining pre-purchase inspections, reviewing title and vehicle history records, evaluating financing and insurance options, reviewing contractual documentation, confirming third-party qualifications and making all final purchasing, legal, financial and transactional decisions. The Car Mom does not act as a dealer, broker, agent, fiduciary, lender, insurer, transportation provider, legal advisor or financial advisor, and no fiduciary, agency, brokerage, partnership or representative relationship is created through use of consultation, advisory or related Services. Any decisions made based on The Car Mom’s content, consultations, recommendations or Services are made solely at the consumer’s own discretion and risk.

Information provided through consultations may be stored, analyzed and used to personalize future recommendations, as well as incorporated into The Car Mom’s proprietary advisory, editorial, recommendation and ranking systems, as described in the Privacy Policy.

8. Paid Memberships, Subscriptions, Courses and Products

Certain Services may require payment, including recurring subscriptions, memberships, consultations, courses or one-time purchases.

By enrolling in memberships, subscriptions, courses or consultations, you consent to The Car Mom’s use of your information for CRM management, transactional communications, product recommendations, promotional communications and related business operations consistent with the Privacy Policy.

By purchasing any paid Service, you agree to all pricing, billing, renewal, cancellation and refund terms presented at the time of purchase, including any applicable automatic renewal provisions.

Unless otherwise stated, subscriptions may automatically renew until cancelled in accordance with applicable terms. The Car Mom reserves the right to modify pricing, features, benefits or access rights at any time. All paid content is licensed solely for your personal, non-commercial use and may not be shared, redistributed, reproduced or exploited commercially.

You may not create, distribute, market, sell or otherwise exploit unauthorized merchandise, replica products, counterfeit likeness products, synthetic endorsements or other unauthorized commercial products or services that use or reference The Car Mom’s or Kelly Stumpe’s name, image, likeness, voice, brand or proprietary assets.

Unauthorized chargebacks, credential sharing, misuse or violations of these Terms may result in immediate termination of access without refund.

9. Prohibited Conduct

You agree not to access or use the Services, Company Content or related systems in any unlawful, unauthorized or harmful manner, including but not limited to conduct that: (a) violates any applicable law, regulation or third-party right; (b) infringes, misappropriates or otherwise violates intellectual property, privacy, publicity or contractual rights; (c) uses scraping, crawling, spiders, bots, indexing, harvesting, data mining, automated extraction tools, artificial intelligence systems, machine learning models, large language models or similar technologies to access, monitor, copy, extract, ingest or repurpose any portion of the Services or Company Content without prior written authorization; (d) circumvents, disables, damages, interferes with or otherwise undermines security features, authentication measures, technological safeguards or operational functionality of the Services; (e) facilitates fraud, impersonation, deceptive conduct, false submissions, fake reviews, false endorsements, unauthorized account access or other unlawful or misleading behavior; (f) republishes, redistributes, licenses, sublicenses, sells, leases, syndicates or otherwise commercially exploits Company Content, User Content, reviews, rankings, methodologies, consultation frameworks, recommendations or proprietary consumer insights without express written consent; (g) copies, benchmarks, mirrors or creates derivative works, competing services, competing databases, competing editorial systems or commercial products based on The Car Mom’s content, methodologies, rankings, reviews, recommendations, consultation systems or proprietary business operations; (h) uses the Services or Company Content for competitive intelligence, commercial monitoring, market analysis or training competitive products or services; (i) introduces malware, malicious code, harmful technologies or unauthorized system burdens; (j) attempts to gain unauthorized access to user accounts, proprietary systems, confidential information or restricted portions of the Services; (k) manipulates rankings, referral systems, affiliate systems, reviews, ratings, consultations, promotions or community features; (l) engages in unauthorized commercial solicitation, spam, phishing or promotional abuse through the Services; or (m) otherwise harms, exploits or creates legal, operational, commercial or reputational risk for The Car Mom, its users, partners or business interests.

You may not use The Car Mom’s or Kelly Stumpe’s name, image, likeness, voice, persona or brand to create synthetic media, deepfakes, endorsements, derivative content, AI-generated works or misleading commercial associations. No third party may imply endorsement, sponsorship or approval by Kelly Stumpe or The Car Mom without express written authorization.

You may not purchase search ads, bid on trademarks, create misleading redirects, impersonate endorsements, use deceptive promotional practices or otherwise exploit The Car Mom’s or Kelly Stumpe’s name, brand, likeness or Services to divert, manipulate or commercially exploit traffic.

You further agree that you may not extract, replicate, aggregate, reproduce, benchmark, republish, commercially exploit, reverse engineer, train artificial intelligence systems on, create derivative datasets from or otherwise misuse The Car Mom’s reviews, rankings, ratings, methodologies, recommendation engines, editorial systems, consultation systems, User Content, Expert Content, user communities, referral systems, proprietary consumer insights or any related commercial assets for any unauthorized purpose, including competitive, commercial, research or technological development purposes.

10. Enforcement, Monitoring and Liquidated Remedies

For clarity, unauthorized scraping, automated extraction, artificial intelligence ingestion, machine learning use, voice cloning, image replication, likeness replication, synthetic media generation, competitive misuse, unauthorized republication, derivative dataset creation, unauthorized commercial exploitation of The Car Mom’s proprietary content, or unauthorized use of Kelly Stumpe’s or The Car Mom’s name, image, voice, likeness, persona, brand identity, social content, video content, editorial materials, consultation systems, methodologies or related business assets may result in liquidated damages, where permitted by law, including but not limited to:

• $5,000 for each initial unauthorized violation;
• $500 per day for ongoing unauthorized access, scraping, misuse or infringing activity;
• $50 per unauthorized data request, extraction, copied content unit or unauthorized synthetic generation event;
• $10,000 per instance of unauthorized commercial republication, competitive use, AI training, voice cloning, likeness replication, deepfake creation or derivative commercial exploitation; and
• all reasonable attorneys’ fees, investigative costs, reputational remediation costs and equitable remedies incurred by The Car Mom.

These amounts represent a reasonable estimate of the commercial harm, reputational injury, brand dilution, operational burden, likeness misuse and competitive damage caused by such unauthorized activities, where actual damages may be difficult to calculate precisely. These remedies are cumulative and do not limit any other contractual, statutory or equitable remedies available to The Car Mom.

Unauthorized sale, distribution, promotion or commercialization of counterfeit merchandise, unauthorized courses, fake memberships, false sponsorships or derivative products bearing The Car Mom’s or Kelly Stumpe’s brand, identity or likeness is strictly prohibited and subject to immediate enforcement.

Unauthorized use of brand identity, likeness, voice, persona or synthetic replication may trigger immediate suspension, takedown demands, injunctive relief, reputational remediation and enhanced contractual remedies.

The Car Mom reserves the right, but not the obligation, to monitor use of the Services for compliance with these Terms, investigate suspected misconduct, audit suspicious activity, preserve evidence, cooperate with law enforcement and enforce its rights through suspension, termination, legal proceedings or other available remedies.

11. Disclaimer of Warranties

THE SERVICES, COMPANY CONTENT AND ALL RELATED PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CAR MOM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY AND AVAILABILITY.

THE CAR MOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY RECOMMENDATIONS, REVIEWS, RANKINGS OR THIRD-PARTY OFFERS WILL MEET YOUR EXPECTATIONS OR RESULT IN ANY PARTICULAR OUTCOME.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CAR MOM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE CAR MOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE CAR MOM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, LICENSORS OR SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, THE PRIVACY POLICY OR YOUR USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100); OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE CAR MOM FOR APPLICABLE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THIS LIMITATION. THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CAR MOM.

13. Indemnification

You agree to defend, indemnify and hold harmless The Car Mom and its affiliates from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your User Content; (d) your violation of any law or third-party rights; or (e) your fraudulent, negligent or wrongful conduct.

14. Privacy and Communications

Your use of the Services is subject to The Car Mom Privacy Policy, which describes in detail how The Car Mom collects, uses, stores, discloses, commercializes, publishes, transfers and protects Personal Information, User Content, Consultation Data, Interaction Data and related information. By providing your contact information, you consent to receive communications from The Car Mom, including transactional, promotional, affiliate, marketing and SMS communications, subject to applicable consent and opt-out rights. By providing your mobile phone number, you expressly consent to receive recurring automated, transactional, promotional, affiliate, consultation-related or marketing SMS and text messages from The Car Mom, subject to your consent rights, carrier charges and applicable law.

15. Your Consent to Commercialization

By submitting information, engaging with content, participating in consultations, requesting referrals, submitting User Content or otherwise using the Services, you acknowledge and agree that The Car Mom may use such information to operate, improve, commercialize and monetize its Services, including through proprietary content creation, rankings, reviews, recommendations, CRM operations, affiliate relationships, referrals and marketplace activities, consistent with the Privacy Policy and applicable law.

16. Digital Millennium Copyright Act and Intellectual Property Claims

The Car Mom respects the intellectual property rights of others and expects users, partners, affiliates and third parties to do the same. If you believe that any content made available through the Services infringes your copyright, trademark or other proprietary rights, you may submit a written notice requesting removal of the allegedly infringing material by providing The Car Mom’s designated copyright agent with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the rights owner; (b) identification of the copyrighted work, trademark or other protected material claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit The Car Mom to locate such material; (d) your name, address, telephone number and email address; (e) a statement that you have a good faith belief that use of the material is not authorized by the rights owner, its agent or applicable law; and (f) a statement, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the rights owner. Upon receipt of a compliant notice, The Car Mom reserves the right to investigate, remove or disable access to the challenged material, notify the allegedly infringing party and take other actions deemed appropriate under applicable law.

The Car Mom may also permit users whose content has been removed pursuant to a copyright complaint to submit a lawful counter-notification in accordance with applicable law. The Car Mom reserves the right, in its sole discretion, to terminate or restrict access for repeat infringers, reject incomplete or fraudulent notices, pursue claims for false or abusive submissions and enforce its own intellectual property, publicity and proprietary rights to the fullest extent permitted by law. DMCA or infringement notices should be submitted to The Car Mom’s designated agent at hello@TheCarMomOfficial.com, and The Car Mom recommends that complainants consult legal counsel before submitting formal infringement claims.

17. Mandatory, Binding Arbitration and Class Action Waiver

Any dispute, claim or controversy arising out of or relating to these Terms, the Services, your access to or use of the Services, the Privacy Policy, or The Car Mom’s collection, use, disclosure, commercialization, publication, storage, transfer, processing or protection of Personal Information, User Content, Consultation Data, Interaction Data or other information shall be resolved exclusively through final and binding individual arbitration administered pursuant to applicable arbitration rules and governed by the Federal Arbitration Act.

You and The Car Mom expressly agree that all disputes must be brought solely in an individual capacity, and not as a plaintiff, claimant or class member in any purported class action, collective action, consolidated action, coordinated action, mass arbitration, private attorney general action or other representative proceeding. You further expressly waive any right to participate in, recover through or seek relief under any class, collective, coordinated, consolidated or representative proceeding, whether in arbitration or litigation, to the fullest extent permitted by applicable law.

To the fullest extent permitted by law, claims may not be joined, consolidated or coordinated with claims of other users absent The Car Mom’s express written consent.

Notwithstanding the foregoing, claims involving misuse or infringement of The Car Mom’s intellectual property, publicity rights, likeness, synthetic identity, proprietary systems or brand assets may be pursued in a court of competent jurisdiction for immediate injunctive or equitable relief.

BY ACCESSING OR USING THE SERVICES, YOU AND THE CAR MOM EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of law principles, except to the extent superseded by the Federal Arbitration Act. Subject to applicable arbitration provisions, you agree that any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Missouri, and you consent to the personal jurisdiction of such courts.

19. Miscellaneous

19.1 No Waiver

The Car Mom’s failure to exercise or enforce any right, remedy or provision of these Terms shall not operate as a waiver of such right, remedy or provision, nor shall any partial exercise of any right or remedy preclude any further exercise of such right or remedy.

19.2 Electronic Communications

By accessing or using the Services, you consent to receive communications electronically, including notices, disclosures, agreements, transactional messages, account-related communications and other information from The Car Mom. You agree that any notices, agreements or communications provided electronically satisfy any legal requirement that such communications be in writing.

19.3 Assignment

You may not assign, transfer, delegate or otherwise convey these Terms or any rights or obligations arising under these Terms without The Car Mom’s prior written consent. Any attempted assignment in violation of this provision shall be void. The Car Mom may assign, transfer or delegate these Terms without restriction, including in connection with a merger, acquisition, restructuring, sale of assets or operation of the Services.

19.4 Force Majeure

The Car Mom shall not be liable for delays, interruptions or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet failures, telecommunications disruptions, cyber incidents, power outages, third-party service interruptions or failures of dealers, OEMs, participating partners, cloud providers or technology providers.

19.5 Survival

Any provisions of these Terms which by their nature should survive termination shall survive termination, including provisions relating to intellectual property rights, payment obligations, indemnification, limitations of liability, dispute resolution, arbitration, class action waivers, liquidated damages, confidentiality obligations and restrictions relating to artificial intelligence systems, pricing intelligence systems, Dealer Transparency Index methodologies, proprietary datasets and Company Content.

19.6 Reservation of Rights

The Car Mom reserves all rights not expressly granted under these Terms. The Car Mom may modify, suspend, discontinue, restrict or remove any aspect of the Services, features, functionality or content at any time without liability, except as otherwise required by applicable law.

19.7 Severability

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect. If any portion of the arbitration provisions or class action waiver is found unenforceable, such provision shall be modified or severed only to the extent necessary to preserve enforceability of the remaining provisions.

19.8 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies, notices or disclosures incorporated by reference, constitute the entire agreement between you and The Car Mom regarding the Services and supersede all prior or contemporaneous communications, understandings or agreements regarding the subject matter hereof. Notwithstanding the foregoing, where a separate written agreement between you and The Car Mom expressly governs a particular product, service or relationship, including Customer, dealer, OEM or enterprise relationships, the terms of such separate agreement shall control to the extent of any conflict.

19.9 Headings

Section headings are provided solely for convenience and shall not affect the meaning or interpretation of these Terms.

19.10 Relationship of the Parties

Nothing in these Terms shall create any joint venture, partnership, employment, fiduciary, agency, brokerage or representative relationship between you and The Car Mom except where expressly stated in a separate written agreement.