Tradecars reserves the right to limit your use of the Services, including the number of car intakes or statistical information passed on limited periods. Tradecars reserves the right to restrict, suspend, or terminate your account if Tradecars believes that you may be in breach of this Contract or law or are misusing the Services. Either party may terminate this Contract at any time with notice to the other.
Eligibility to Register. The Services are not for use for anyone under the age of 18. You will fill in the required account information for registration truthfully. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18 without authorization from their legal guardian.
You are responsible for anything that happens through your account unless you close it or report misuse. You will not share an account with anyone else and will follow our rules and the law.
Safety Recall. You will enter all information truthfully including any open safety recalls on the car you are requesting auction on. You will be exclusively responsible for any issues or liabilities that may arise from the sale or use of your car with an open safety recall.
Consent to Receive Notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Ownership, Non-Exclusive License, and IP. You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We will use the information and data that you provide and that we have about you to verify and validate information on you and your car to make subsequent recommendations for car valuation, connections, content, and features that may be useful to you. For example, we use data and information to market and receive offers for your car. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
Payment. There is no payment required at the time of the registration, but to participate in the auction you have to put a service cancellation fee on hold. If you elect to have your car auctioned and later decide not to sell it, you will be subject to this cancellation fee. You agree to pay us the applicable fees and past-due taxes /license fees and any other charges in case of a successful sale. Failure to pay these fees will result in the termination of your ability to participate in Services including participating in any auctions.
Commission. If your car sells at a price higher than the estimated price by Tradecars, the incremental difference between the estimated auction price and the actual sale price is split equally between you and Tradecars after the payment of any auction fees.
Transfer of Car Ownership. Upon closing, you will deliver to Tradecars any transfer documents required to Tradecars including certificate of title or registration for the car, along with a Federal Odometer Disclosure statement and any similar certification or statement that may be required, and any other documents and instruments that may be necessary for Tradecars to effect the sale and transfer the car (and title thereto) to the applicable buyer (collectively, the “Vehicle Transfer Documents”). If for any reason you do not provide, complete or duly execute any Vehicle Transfer Document, Tradecars may agree to provide, complete or execute such missing or incomplete Vehicle Transfer Document on your behalf according to a power of attorney. Notwithstanding anything to the contrary in this Agreement or the Power of Attorney, Tradecars does not assume any responsibility or liability for the correctness or accuracy of any odometer reading or any Federal Odometer Disclosure Statement or other Vehicle Transfer Document that may be prepared, executed, or submitted by Tradecars in its capacity as your agent or attorney-in-fact under the power of attorney.
DISCLAIMER AND LIMIT OF LIABILITY. NO WARRANTY. TO THE EXTENT ALLOWED UNDER LAW, TRADECARS AND ITS AFFILIATES (AND THOSE THAT TRADECARS WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TRADECARS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), TRADECARS AND ITS AFFILIATES (AND THOSE THAT TRADECARS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRADECARS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TRADECARS OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We do not provide any warranties concerning third-party services or ads. You acknowledge that Tradecars has no control over any third-party services or ads and shall not be responsible or liable to anyone for such third-party services even when displayed on the Tradecars dashboard. The availability of third-party services on Tradecars’s websites, or the integration or enabling of such third-party services with our Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Tradecars. Tradecars does not guarantee the availability of third-party services and you acknowledge that Tradecars may disable access to any third-party services at any time in its sole discretion and without notice to you. Tradecars is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any third-party service.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
You agree, warrant, represent, and guarantee that all User Information you submit to Tradecars is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your User Information changes, you must update it via the mechanisms provided.
Maintaining the confidentiality of your User ID, password, and User Information and all access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.
You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third party without Tradecars’s written approval.
If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, and/or close the account/profile.
Tradecars is not responsible for errors or negligent use of your account/profiles including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.