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Terms of Use for selling a car or truck online

 

        TERMS AND CONDITIONS
       The following terms and conditions govern all use of the JunkTheCarAmerica Website and all content, services and products available at or through the Website www.JunkTheCarAmerica.com (the "Website"). The Website is owned and operated by JunkTheCarAmerica, . ("We,” "Us," or "JunkTheCarAmerica"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published and changed from time to time on this Website by us (collectively, the "Agreement").
    •    We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    •    Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.
    •    JUNKTHECARAMERICA
    •    JunkTheCarAmerica does not directly buy or sell cars or provide salvage and towing services. The Website serves as a digital venue and intermediary where Sellers and Buyers meet and enter into agreements. JunkTheCarAmerica is not involved in the actual transaction between Sellers and Buyers as defined below. As a result, JUNKTHECARAMERICA EXERCISES NO DIRECT CONTROL OVER THE QUALITY, SAFETY, OR LEGAL ASPECTS OF THE TRANSACTIONS THAT TAKE PLACE. JunkTheCarAmerica simply assists in the logistical and payment processes of the transactions when applicable.
    •    OFFER
    •    An "Offer" is an amount of money or a service put forward by the Buyer and is defined as a transaction between a Buyer and a Seller. Offers are contingent upon the accuracy of a vehicle's information submitted by the Seller. Offers are generated in real time and are subject to change.
    •    SELLER
    •    "Sellers" are users of JunkTheCarAmerica who submit information about their vehicle in order to receive Offers from Buyers. When a Seller receives and accepts an Offer from a Buyer, they are connected with the Buyer and supplied with the appropriate contact information. The Seller is contacted by a Carrier to arrange for the vehicle to be picked up. If an Offer indicates that payment occurs at the moment the car is picked up, the Buyer also makes arrangements to pay the Seller. By acting as a Seller, you acknowledge that you are at least 18 years of age. Minors are only permitted to use JunkTheCarAmerica's services in conjunction with the consent of their parents or guardians.
    •    BUYER
    •    “Buyers” are commercial users of JunkTheCarAmerica who bid on vehicles submitted by Sellers. The bids state the amount of money they are willing to give in exchange for the vehicle. The amount is based upon the vehicle's information that the Seller submits. Factors that determine bid amounts (called bid filters) are items, such as location, year, and condition of the vehicle. When an Offer is accepted by a Seller, the Seller's pertinent information is given to the Buyer in order to facilitate services.
    •    CARRIER
    •    A "Carrier" is a person or company who physically transports the Seller's car from its location to the Buyer. Carriers can/will be dispatched by a third party through JunkTheCarAmerica or directly through a Buyer.
    •    FEES
    •    There are currently NO FEES FOR SELLERS to use JunkTheCarAmerica. Some Carrier fees may apply to a Buyer when a third party towing service is rendered through JunkTheCarAmerica's Website. There are currently NO OTHER FEES FOR BUYERS to use JunkTheCarAmerica. There are currently NO FEES FOR CARRIERS to use JunkTheCarAmerica.
    •    RELEASE OF LIABILITY
    •    Should you have a dispute with one of JunkTheCarAmerica Buyers or Carriers (or more), you release JunkTheCarAmerica, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with such disputes.
    •    IN NO EVENT WILL WE, OR OUR SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    •    DISCLAIMER
    •    THE WEBSITE IS PROVIDED "AS IS.” WE AND OUR SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER US, NOR OUR SUPPLIERS OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. DATA TRANSFERRED TO AND FROM THE WEBSITE IS DONE SO UNENCRYPTED AND OVER VARIOUS NETWORKS. YOU UNDERSTAND THAT YOU DOWNLOAD FROM OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
    •    GENERAL REPRESENTATION AND WARRANTY
    •    You represent and warrant that (I) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (II) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
    •    PROHIBITED OR RESTRICTED ITEMS
    •    A Carrier cannot pick up any hazardous or dangerous materials along with or inside of any vehicle. Hazardous or dangerous items are those that may pose a danger to the health, safety, or property of any person during transport (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Items that JunkTheCarAmerica cannot service through the Website include parts, scrap metal, and liquids. JUNKTHECARAMERICA ONLY SERVICES PASSENGER VEHICLES through the Website.
    •    LEGAL OBLIGATION
    •    You must legally be able to sell the car on which you accept an Offer. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements.
    •    INFORMATION YOU SUBMIT
    •    You are solely responsible for any information you provide to us or other users in the Offer, transportation, or payment process. You represent and warrant that your personal information is true, legal, accurate, and non-fraudulent. Information may not contain any viruses or other malware that may damage or interfere with our Website. Furthermore, you may not accept an Offer on any vehicle that could cause us to violate any applicable law, statute, ordinance, or regulation or that violates our Prohibited Items terms. You authorize JunkTheCarAmerica to use the information you supply to us in connection with our services and in accordance with these Terms.
    •    FRAUD
    •    JunkTheCarAmerica may suspend or terminate your account, claim, or Offer if a suspicion arises that you engaged in any fraudulent activity in conjunction with our Website.
    •    PAYMENT PROCESSES AND METHODS
    •    JunkTheCarAmerica currently offers Sellers two options to receive payment for their vehicle which may not all be available at the time an Offer is provided:
    •    (1) "Paid on pick-up:” the Carrier will deliver payment to the Seller at the time the vehicle is picked up.
    •    (2) "Check by mail:” a check will be mailed to the name and address supplied by the Seller of the vehicle.
    •    OFFER INFORMATION
    •    JunkTheCarAmerica agrees to pay the Seller according to the terms stated in the Offer provided that the Seller's vehicle is successfully picked up by the Carrier. Certain information regarding vehicle condition, location, and ownership will be submitted in order for the Seller to complete the Offer process. The Seller represents and warrants that the information provided is accurate and legally true, including, without limitation, the following:
    •    •    (a) Accurate Vehicle Location: The city and ZIP code indicated at the time of submission must be identical to that of the vehicle when it is picked up.
    •    •    (b) Accurate Vehicle Information: The year, make, model, trim, and VIN of the vehicle at the time of submission must be identical to that of the vehicle that gets picked up.
    (c) Accurate Vehicle Condition: The following conditions will be verified both before and after the vehicle is picked up:
     Drivetrain Conditions
•    Are all tires inflated with air? 
The car has all the tires mounted, and they are full of air with no flats or leaks that could cause a flat.
•    Are any tires removed from the car? 
There are tires that are not mounted to the axles.
•    Is it drivable? 
The car starts normally, idles, and moves under its own power when placed into gear.
•    Does the engine start? 
When you turn the ignition, the engine starts and idles normally.
•    Are the complete engine and transmission under the hood? 
All parts of the engine and transmission are properly assembled and in position to operate the car.
•    Are the engine or transmission removed from the car? 
The engine or transmission has been completely taken out of the car.
•    What is the mileage? 
The car's true mileage that can be immediately verified upon visual inspection.
•    Exterior Conditions
•    Are all the major body panels, like the doors, still intact on the car? 
The exterior contains the same components it did when it was assembled in the factory or with aftermarket replacements.
•    Is the car free of dents baseball-sized or larger? 
There are no dents with a diameter equal to or larger than a baseball on the exterior of the car.
•    Are the glass and lights intact? 
All of the headlights and taillights are still bolted to the vehicle, and none of the glass on the vehicle is broken or cracked.
•    Is the car free of flood or fire damage? 
The vehicle is free from any damage resulting from a fire or flood.
•    Interior Conditions
•    Are all interior components, like the seats, airbags, and radio, intact? 
The interior contains the same components it did when it was assembled in the factory or with aftermarket replacements.
•    (d) Accurate Vehicle Ownership
    •    The following questions are asked when your information is submitted to JunkTheCarAmerica:
•    Is the car paid off? 
You don't owe any money on this car.
•    Do you have the title? 
You have a valid, physical title certificate in your possession.
•    Do you own this car? 
You have acceptable, transferable proof that you're the car's true owner.
•    Do you know the owner of this car? 
You are acting on behalf of the owner to sell their car.
•    These questions will determine the type of ownership of your vehicle and thereby categorize your offer in the following 2 ways:
•    
•    (1) DOCUMENTED: If submitted as a "Documented" vehicle, the title will be checked to ensure that it has been properly signed (and notarized if required) and is free and clear of all liens and encumbrances.
•    (2) ABANDONED: If submitted as "Abandoned," it will be assumed that the owner of the vehicle is unknown and/or there are no transferable documents available. We are not able to pick up or make an offer on these vehicles.
    •    VEHICLE INSPECTION
    •    All vehicles picked up will be inspected in order to verify their condition and documentation. In some cases, this inspection will take place at the moment the vehicle is picked up. In other cases, the inspection will take place when the vehicle arrives on location with the Buyer.
    •    DISCREPANCIES
    •    If any of the provided vehicle information is found to be inaccurate at the time of inspection, JunkTheCarAmerica reserves the right to recalculate the original Offer for the vehicle, and/or the vehicle may be returned or not picked up. In the event that the Seller does not accept the return of the vehicle, it may be deemed an abandoned vehicle, which will result in nonpayment. The Seller will be notified before any action is taken.
    •    PAYMENT
    •    In most cases, the Carrier is able to make payment to the Seller at the time of pick-up. If paid by mailed check, the amount due to you, the Seller, will be processed as soon the vehicle is confirmed to be picked up and the condition and documentation have been verified.
    •    DISPUTE RESOLUTION
    •    Disputes between you and JunkTheCarAmerica regarding our services should be reported to JunkTheCarAmerica Customer Care. We will attempt to resolve any disputes you have with us. Because we are a intermediary service (as explained above), we are not responsible for resolving any disputes between you and Buyers or Carriers regarding services. If you report a dispute to JunkTheCarAmerica, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and users.
    •    PROHIBITION FOR BUYERS TO CIRCUMVENT
    •    Buyers are not permitted to "cut out" or make offers directly to Sellers outside of the JunkTheCarAmerica service. If an Offer made outside of JunkTheCarAmerica's services is accepted by a Seller, then JunkTheCarAmerica deems that Offer outside its purview and will provide no support or assistance.
    •    NON-SOLICITATION
    •    During the term of this agreement, you shall not solicit to hire or hire our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
    •    CONFIDENTIALITY
    •    As a result of the performance of this Agreement and, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
    •    RECORD KEEPING
    •    We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
    •    BUYER/CARRIER SCREENING
    •    We use techniques such as insurance, EID, and credit checks to confirm the verification and qualification of our Buyers and Carriers.
    •    CONFIDENTIALITY
    •    Seller acknowledges that, during the course of business, Seller will be exposed to and obtain certain proprietary information of JunkTheCarAmerica, including, without limitation, its systems, and information relating to its business affairs, property, methods of operation, Company IP (as hereinafter defined) or other data, and any such information given to JunkTheCarAmerica by its customers (collectively the "Confidential Information"). Seller agrees that, except as otherwise agreed to in writing by JunkTheCarAmerica, Seller will not at any time disclose to any third party or use any of the Confidential Information provided. However, the term Confidential Information shall not include:
•    (a) information that is generally known to the public at the time such information is obtained by Affiliate;
•    (b) information that becomes known to the public through no action or inaction of Affiliate;
•    (c) information that is already in the possession of Affiliate at the time such information is obtained by Affiliate; or
•    (d) information that is independently developed by Affiliate without reference to or use of any Confidential Information.
    •    For purposes of this Agreement, the term "Company IP" shall mean:
•    (a) All inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisional, continuations-in-part, revisions, extensions, and reexaminations thereof;
•    (b) All trademarks, service marks, trade dress, and design marks, including all goodwill associated therewith, and all applications, registrations, and renewals in connection therewith;
•    (c) All copyrightable works and all copyrights subsisting under the laws of any jurisdiction and all application, registrations, and renewals in connection therewith; and
•    (d) All trade secrets (including without limitation ideas, research, and development, know-how, formulas, compositions, manufacturing and production processes, and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals).
    •    INFORMATION COLLECTION, USE, AND SHARING
    •    JunkTheCarAmerica requires some personal information to provide our services.
    •    In no way will we sell, share, or rent your information with any outside company that is not directly engaged in providing the services we offer.
    •    You understand and agree that by submitting your referrals' information, JunkTheCarAmerica will share the provided information with certain business partners to process and fulfill your request for service. You further agree that our business partners may contact your referrals by telephone, email, or mail based on the information you have provided to us even if your referrals have opted into the National Do Not Call List administered by the Federal Trade Commission, any state’s equivalent of the Do Not Call List, or the Do Not Call List of an internal company. You understand that business partners may maintain the information you submitted to JunkTheCarAmerica whether you elect to use their services or not.
    •    TRADEMARK
    •    JunkTheCarAmerica, JunkTheCarAmerica.com, and its logo are registered trademarks of JunkTheCarAmerica, Inc.
    •    SECURITY
    •    We take the appropriate measures to protect all personal information from unauthorized access to or unauthorized alteration of that data.
    •    Wherever we collect sensitive information, that information is encrypted in a secure manner. The computers in which we store personally identifiable information are kept in a secure environment.
    •    INDEMNIFICATION
    •    You hereby agree to indemnify, defend, and hold harmless JunkTheCarAmerica and JunkTheCarAmerica's subsidiaries, affiliates, officers, employees, and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by JunkTheCarAmerica in any action or proceeding between JunkTheCarAmerica and an affiliate or between any third party and JunkTheCarAmerica or otherwise) from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your breach of the Representations and Warranties made herein and any other violation of this Agreement and/or any action or relating to this Agreement.
    •    SEVERABILITY
    •    The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
    •    TERMINATION
    •    You understand and agree that we may, in its sole discretion and at any time, terminate your account and discard and remove any content posted or submitted by you for any reason. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account.
    •    If it comes known that you willfully and intentionally violated any of our rules or manipulated the Website, sale process, or communications, we may pursue damages against you in any forum we deem appropriate.
    •    MISCELLANEOUS
    •    This Agreement constitutes the entire agreement between you and JunkTheCarAmerica concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of us or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of  Florida, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in Miami Florida in the English language, and the arbitral decision may be enforced in any court of competent jurisdiction. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
    •    CONTACT
    •    If you have any questions about these Terms of Service, you may contact us at loyalty@JunkTheCarAmerica.com.