‍Introduction 

Welcome to www.sellyourcar.ai. By viewing the www.sellyourcar.ai web site or app (the “web site), you are agreeing that you, and each person you allow access to the web site, will abide by the terms of the following Terms and Conditions, which is summarized here, and set forth in its entirety below. These Terms and Conditions are between you (“You” or “User”) and Sell Your Car, Inc., a Delaware corporation (“We” or the “Company”), and it governs your access to and use of the services and web site offered by Sell Your Car, Inc. (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. Please read these terms carefully, and keep a copy of them for your reference.

Summary 

1. This web site provides vehicle buying service for used vehicle owners and sellers. All content provided on this web site may be changed or deleted at any time without any prior notice to you. 
2. We make no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. 
3. Any vehicle or personal information you enter on this web site is private and confidential and will only be shared with our affiliates, except as specifically provided in our Privacy Policy found at https://ioffer.privacypolicy. 
4. By agreeing, you also allow your vehicle information and/or personal information to be given to the next closest, participating dealer in the event that the originally requested dealership did not respond to your vehicle quote request in a timely manner. 
5. Please do not attempt to spam, hack, attack, or copy this web site. 
6. We reserve the right to delete or block your account with or without good reason at our sole discretion. 
7. Communications between us via this web site shall not: 

1. Be obscene or otherwise offensive, objectionable, vulgar, abusive, threatening, harassing, sexist or racist. 
2. Be promotional, off-topic, repetitive, spam, or a solicitation of other goods or services. 
3. Violate any applicable laws or any other regulation, guideline, or community standard. 

Terms and Conditions

1. Your Acceptance 

1. By using and/or visiting this web site, you agree to and accept these user guidelines and terms and conditions. If you do not agree to any of these terms, please do not use the web site. This web site is operated by the Company through various service providers. 
2. Visiting the web site or sending emails to the Company constitutes electronic communications. By using and/or visiting this web site, You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the web site, satisfy any legal requirement that such communications be in writing.

2. The web site

a. These Terms and Conditions apply to all users of the web site. 

b. The web site may contain links to third-party website or apps that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web site or apps. In addition, we will not and cannot censor or edit the content of any third-party site. By clicking on links, you expressly release us from any and all liability arising from your use of any third-party site, or from the content of any third-party site. 

3. General Use of the web site - Permissions and Restrictions 

1. We hereby grant you a non-exclusive, non-transferable, revocable license to access and use www.SellYourCar.ai strictly in accordance with these Terms and Conditions, provided that: 

a) You agree not to alter or modify any part of the web site. 

b) You agree not to access web site content through any technology or any unauthorized means other than user interaction expressly invited on the web site itself. 

c) You agree not to use the web site, for any authorized commercial use. Prohibited commercial use includes any of the following actions taken without our express approval: 

• Sale of access to the web site or its related services on another web site or app. 
• Use of the web site or its related services for the primary purpose of gaining advertising or subscription revenue. 
• The sale of advertising, on the web site or any third-party web site or app, targeted to the content of specific user submissions or web site content. 
• Any use of the web site or its related services that we find, in its sole discretion, to use our resources or user submissions with the effect of competing with or displacing the market for the web site content or any products or services featured on the web site, or its user submissions. 

d) You agree not to use or launch any automated system, including without limitation, "robots," “bots,” "spiders," or "offline readers," that accesses the web site in a manner that sends more request messages to the web site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the web site, nor to use the communication systems provided by the web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the web site with respect to their user submissions. 

f) You will otherwise comply with the terms of these Terms and Conditions, and all applicable local, national, and international laws and regulations.

g) We reserve the right to discontinue any aspect of the web site at any time. 

4. Copyright Policy Infringement Notification 

1. We will only respond to notices of alleged infringement that comply with the DMCA. 
2. To file a copyright infringement notification with us, you will need to send a written communication (not e-mail or fax) that contains the following: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material on our web site that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.
•  Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Such written notification should be sent to: 

Sell Your Car, Inc.
ATTN: Legal Dept.
445 Marine View Ave, Suite 300, Del Mar, California 92014

5. Limitation of liability 

In no event shall the Company, Sell Your Car, Inc. and its dealers, and its parents, subsidiaries, affiliates, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our web site, (iv) any bugs, viruses, trojan horses, malware or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. 

The web site is operated and offered in the United States of America. We make no representations that the web site is appropriate or available for use in other locations. Those who access or use the web site from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

For an offer to be valid, the vehicle condition must match your description and the odometer must be within 250 miles of your stated mileage. 

6. Indemnity 

You agree to defend, indemnify and hold harmless the Company, Sell Your Car, Inc. and its dealers, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the web site; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the web site. 

7. Ability to Accept Terms of Service 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. 

8. Assignment 

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. 

9. Legal Disputes 

Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or dispute that may arise between you and the Company, except as otherwise stated in these Terms and Conditions. 

Binding Arbitration. Any controversy or claim arising out of or relating to these User Guidelines and Terms and Conditions, including whether a dispute is arbitral hereunder, shall be resolved by submission to binding arbitration. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including, without limitation, contract, tort, common law, statutory, or regulatory duties or liability. Such arbitration shall in all instances be held in the Los Angeles, California, office of JAMS, Inc. (“JAMS”) before one arbitrator in accordance with JAMS commercial dispute resolution procedures. All costs and expenses attributable to the arbitration shall be allocated between Sell Your Car, Inc. and you in such manner as the arbitrator determines to be appropriate under the circumstances. The Federal Arbitration Act, 9 U.S.C. Secs. 1-15 (the “Arbitration Act”), not state law, shall govern the arbitrability of all disputes hereunder. 

Judicial Forum for Legal Disputes; Waive of Jury Trial. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in San Diego, California. You and the Company agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. You and the Company waive its rights to a jury trial in any action arising out of or relating to this Terms and Conditions.

Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis. Class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

10. Statute of Limitations 

You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, User Guidelines, or Terms and Conditions, must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

11. Right to Change the Terms and Conditions; Notification of Changes

The Company reserves the right, in its sole discretion, to change the Terms and Conditions under which www.SellYourCar.ai is offered. The most current version of the Terms and Conditions will supersede all previous versions. The Company encourages you to periodically review the Terms and Conditions to stay informed of our updates.

Whenever we change our Terms and Conditions, we will post those changes to this Terms and Conditions page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the service, you agree and accept the changes and agree to these Terms and Conditions. 

12. Effective Date 

This statement of the User Guidelines and Terms and Conditions is effective September 19, 2023 and as updated by us from time to time subject to the notice language contained in these Terms and Conditions. 

Note on Privacy Policy

Note that your use of www.SellYourCar.ai is subject to Sell Your Car, Inc.'s Privacy Policy. Please review our Privacy Policy at https://ioffer.io/privacypolicy, which also governs Sell Your Car’s website and informs Users of the Company data collection practices.

Last Updated: 09/25/2023.

‍