Last Updated: Thursday, September 1, 2016
1. THE SERVICES
The Services are currently designed for users who are interested selling their cars. The Services are mainly targeted to U.S. residents; however, the Services are available to non-U.S. residents as well. The Services are currently provided free of charge, however iBuy Cars and Trucks reserves the right to charge fees with respect to some or all of the Services in the future.
The Services governed by these Terms allow (or may allow you in the future) to:
Sell your car by using our “SELL YOU CAR” tool. To use the SELL YOUR CAR TOOL you need to submit, inter alia (a) your vehicle’s VIN number (b) photos of your vehicle in accordance with the instructions provided therein; (c) your vehicle’s mileage and (d) description of the car and any other information we may require from time to time. The submitted information regarding your vehicle is then uploaded to our internal systems and assessed by our professional team. Following our team’s assessment, we will send you an email with an offer to purchase your vehicle. The offer shall include a “cash offer” or “buy bid” for the vehicle and the financial terms that apply to the offer (please note point (e) listed in the bullet above with respect to residents living outside of the continental United States).
Submit Your Content. One or all of the Services may include “Interactive Areas” on which users may connect with each other and share information, recommendations and reviews. Any content submitted by users to iBuy Cars and Trucks (including without limitation, such recommendations, reviews, user’s full name, vehicle photos or other user proprietary materials, whether or not via the Interactive Areas) shall be called “Submissions“.
(Each, a “Service” and collectively, the “Services“).
Each Service includes our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Service, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Service (collectively, the “Content”).
THE USE OF THE SERVICES MAY ENABLE USERS TO FACILITATE A CONNECTION WITH THIRD PARTIES (INCLUDING WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS OR OTHER USERS WHO MAY BE INTERESTED IN SELLING VEHICLES). iBuy Cars and Trucks DOES NOT OWN, SELL, CONTROL, MANAGE,
OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH SUCH THIRD PARTIES.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. iBuy Cars and Trucks DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES AND THE CONTENT OR THE SUBMISSIONS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE CONTENT OR THE SUBMISSIONS IS AT YOUR SOLE RISK. iBuy Cars and Trucks AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR SUBMISSIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
iBuy Cars and Trucks WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO USERS OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE CONTENT OR THE SUBMISSIONS.
WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, iBuy Cars and Trucks AND ITS THIRD PARTY PROVIDERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. PROHIBITED/RESTRICTED USES
Except to the extent you were authorized in writing by iBuy Cars and Trucks, you may use the Services solely for personal, non-commercial uses (other than for the purpose of selling a vehicle). You shall not use the Services to advertise or promote any product, service or business.
Without limiting the foregoing, you may not use the Services to submit or upload any submissions or details:
- If you are not the legal owner of your vehicle or if you do not have the legal right to sell such vehicle;
- If the license of the vehicle is not registered on your name;
- That are fabricated, false, misleading, offensive or inappropriate;
- If the purpose of doing so is to compete with iBuy Cars and Trucks;
- That are illegal, deceitful or inaccurate; or
- That are for, on behalf of, or at the request of another person, if such other person would violate any of the above or below restrictions by uploading such Submissions.
Additionally, you may not:
- Register for multiple accounts or use the account of another person;
- Use the Services or open an account if you are under 18;
- Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that iBuy Cars and Trucks endorses you, your vehicle or your business in any manner;
- Use the Services in any way or for any purpose that is immoral, unauthorized or against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction (including without limitation, encouraging harmful practices, violence, self-harm, suicide, anorexia, bulimia or the solicitation of minors);
- Upload or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of iBuy Cars and Trucks’s or another’s privacy or publicity rights, infringing of iBuy Cars and Trucks’s or another’s intellectual property rights, contains any trade secrets or other confidential information, or is otherwise offensive or objectionable;
- Use the Services in any way or for any purpose that harms or endangers iBuy Cars and Trucks or its affiliates, agents, resellers, licensors, subsidiaries, officers, directors, shareholders, employees, sub-contractors, distributors, service providers and/or suppliers (collectively, the “iBuy Cars and Trucks Representatives”);
- Submit any data containing unsolicited promotion, advertising, contests or raffles;
- Remove or disassociate from the Content or the Services any restrictions and signs indicating proprietary rights of iBuy Cars and Trucks or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
- Bypass any measures iBuy Cars and Trucks may use to prevent or restrict access to the Services;
Use any data mining, robots, or other data collection methods in connection with the Services (including the creation of databases);
- Make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, malware, or any other harmful content;
- Use the Services for any purpose for which they are not intended; or
Attempt to interfere with or disrupt the ability to access the Services, the operation of the Services or the servers or networks that host them;
3. YOUR ACCOUNT
You must provide iBuy Cars and Trucks with accurate and complete information when opening an Account and keep it updated at all times. You may not open more than one Account. You are responsible for the activities that occur under your Account and for maintaining the confidentiality of your password and log-in details.
If you wish to cancel the Account you may e-mail iBuy Cars and Trucks at firstname.lastname@example.org and it will be cancelled within a reasonable period of time. Once the Account is cancelled, its information may be deleted or unavailable and iBuy Cars and Trucks will not be responsible for any loss in this respect.
Any of iBuy Cars and Trucks’s users (including unregistered users) may contact iBuy Cars and Trucks by filling in a Contact Form on the Site (available at https://www.ibuycarsandtrucks.com/contact ) which may require their name and e-mail address.
4. PAYMENT SERVICES
5. TYPOGRAPHICAL ERRORS
iBuy Cars and Trucks and its third party service provider are not responsible for typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. In the event that any iBuy Cars and Trucks “Cash Offer” and/or “Buy Bid” is communicated to you at an incorrect price, iBuy Cars and Trucks reserves the right to refuse or cancel any “Cash Offer” and or “Buy Bid” submitted at the incorrect price. iBuy Cars and Trucks reserves the right to refuse or cancel such “Cash Offer” and or “Buy Bid” whether or not it has been confirmed and payment was made. If your order is cancelled, iBuy Cars and Trucks shall re-issue you a new “Cash Offer” and or “Buy Bid” within 24 hours at the correct price.
6. INTELLECTUAL PROPERTY
All of the intellectual property rights (including without limitation, inventions, patents and patent applications, trademarks, trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content (other than the Submissions) (“Intellectual Property”) are owned by “Exotic Motors Midwest, LLC” dba “iBuy Cars and Trucks” and/or licensed to it and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.
Certain automotive content displayed within this website (or application, or mobile application) is taken by permission from Software Subscriptions owned and maintained by iBuy Cars and Trucks, and is protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. The intellectual property rights in or to the Submissions (including the photos of your vehicle) must be owned by you or licensed to you and not conflict with any third party’s rights or any applicable laws. Users must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU (EXCLUDING PERSONALLY IDENTIFIABLE INFORMATION AND FINANCIAL INFORMATION) IS NON-CONFIDENTIAL AND MAY BECOME PUBLICLY AVAILABLE ON OR THROUGH THE iBuy Cars and Trucks SERVICES.
You grant iBuy Cars and Trucks an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate any of your vehicle photos, feedback, comments or suggestions regarding our Services into our current or future products, services or technologies; all without compensation or your approval.
You also grant iBuy Cars and Trucks a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and to use any of your Submissions in connection with the iBuy Cars and Trucks Services, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving the Services. You also grant iBuy Cars and Trucks permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect.
THE UPLOADING OF SUBMISSIONS IS AT YOUR SOLE RISK AND RESPONSIBILITY. iBuy Cars and Trucks WILL NOT BE LIABLE FOR ANY RESULT (INCLUDING LOSS, DAMAGE, COST) ARISING FROM OR CONNECTED TO THE SUBMISSIONS (INCLUDING THEIR USE BY OTHER USERS).
7. NOTICE AND TAKEDOWN
If you believe that any content displayed on any of the Services (i) is inappropriate, offensive, violent, sexually inappropriate; or (ii) infringes your copyrighted work, you may send us a notice to email@example.com.
A notice relating to copyright infringement should include the following information (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate.
Once we receive the notice, we may take actions in our discretion, including the removal of the alleged infringing or offensive material.
8. LINKING TO OUR SERVICE(S) AND LINKS TO THIRD PARTY WEBSITES OR SERVICES
You are free to establish a link to any of our Services on your rightfully owned properties as long as the link does not state or imply any connection or approval of iBuy Cars and Trucks to your website, products or services or portray iBuy Cars and Trucks in a false or offensive manner.
You agree that iBuy Cars and Trucks is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with your use of or reliance upon any information, services, content, products or other materials available on or through such linked sites or resources, or any damage or loss relating to your interaction or dealings with third parties. iBuy Cars and Trucks reserves the right to terminate any link at any time at its sole discretion.
10. DISCLAIMER OF WARRANTIES.
TO THE EXTENT LEGALLY PERMISSIBLE, ANY AND ALL OF THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS. THE iBuy Cars and Trucks REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
IN ADDITION, IN NO EVENT SHALL THE iBuy Cars and Trucks REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION WITH THE SERVICES.
iBuy Cars and Trucks REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE USE OF ANY AND ALL SERVICES, INCLUDING BUT NOT LIMITED TO THE OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR SUITABILITY OF THE INFORMATION OR CONTENT DISPLAYED ON OR THROUGH THEM.
iBuy Cars and Trucks REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OR ERRORS. IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
11. LIMITATION OF LIABILITY
IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Without derogating from the foregoing, iBuy Cars and Trucks reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with iBuy Cars and Trucks in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining iBuy Cars and Trucks’s prior express written approval.
iBuy Cars and Trucks may accept advertisements from third party advertisers or others. iBuy Cars and Trucks makes no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.
14. CHILDREN’S RESTRICTED USE
iBuy Cars and Trucks reserves the right to request proof of age at any stage so that it can verify that minors or children under the age of eighteen (18) are not using any of the Services. If iBuy Cars and Trucks becomes aware that a person under the age of eighteen (18) is using any of the Services, it will prohibit and block such person from accessing or using the Services.
iBuy Cars and Trucks reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted and you are required to make your own copy of any information you submit to iBuy Cars and Trucks. iBuy Cars and Trucks will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.
16. SUSPENSION; TERMINATION
Upon termination, by you or us:
- You will cease any further use of the Services and any information that was made available to you prior to the termination;
Certain data (e.g. Content, Submissions, etc.) may be deleted and you will have no right or claim in this respect; and
- The provisions of these Terms that by their nature must survive the termination shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Liability, Limitation of Liability, Indemnification, Jurisdiction and “General” sections will survive the termination of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19. GOT QUESTIONS?