Terms & Conditions for SellAnyJunkCar.com

Effective Date: 10/14/2024

Last Updated: 10/14/2024

These Terms & Conditions ("Terms", "Agreement") govern your use of the website SellAnyJunkCar.com ("Website", "Service", "we", "us", or "our"). By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

BY USING THE SELLANYJUNKCAR.COM WEBSITE OR SERVICES, YOU AGREE THAT ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE SERVICES, OR THESE TERMS & CONDITIONS, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.

THIS AGREEMENT TO ARBITRATE APPLIES TO ANY CLAIM, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. YOU AND SELLANYJUNKCAR.COM AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.

Acceptance of Terms

By using or accessing this Website, you accept these Terms in full. You affirm that you are at least 18 years of age or possess the legal authority to form binding contracts.

Services Offered

SellAnyJunkCar.com provides users with an online platform to submit information about their vehicles for potential purchase. We work with third-party service providers to evaluate, pick up, and process the sale of your vehicle.

• We do not guarantee that your vehicle will be purchased or sold.
• All purchases are subject to inspection, market valuation, and other criteria set forth by us or our third-party affiliates.

User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information about your vehicle.
• Not use the Website for any illegal activities or fraudulent purposes.
• Comply with all applicable laws when selling a vehicle, including those related to the transfer of title and vehicle history disclosures.

You are solely responsible for maintaining the confidentiality of your account and for any activities that occur under your account. If you believe your account has been compromised, contact us immediately.

Vehicle Valuation & Pricing

The valuation we provide for your vehicle is based on the information you submit. If inaccurate information is provided, the final offer price may differ from the initial estimate. After physical inspection of the vehicle, we reserve the right to adjust the price accordingly or decline the purchase altogether.

Payment Terms

Once a sale agreement has been finalized, we or our third-party affiliates will issue payment in accordance with the terms agreed upon (e.g., electronic transfer, check). Payment may be delayed if additional documentation or clarification is required.

We are not responsible for any delays caused by third-party payment processors.

Third-Party Services

SellAnyJunkCar.com works with various third-party service providers to facilitate vehicle pickups, inspections, and payments. While we take steps to ensure these partners are reliable, we are not responsible for their actions, services, or any damages arising from their involvement.

Use of Website Content

All content on this Website, including but not limited to text, images, graphics, and logos, is owned by SellAnyJunkCar.com or our licensors. You may not copy, reproduce, distribute, or create derivative works based on this content without our prior written consent.

User-Generated Content

You may have the ability to post, upload, or otherwise submit content to the Website, such as vehicle listings or reviews. By doing so, you grant SellAnyJunkCar.com a non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, reproduce, and distribute this content.

You represent that any content you submit does not violate the rights of any third party or any applicable laws.

Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review the Privacy Policy to understand our practices regarding your personal data.

Disclaimers & Limitation of Liability

a. No Warranty

The Website and services are provided "as-is" and "as available" without any warranties, either express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses.

b. Limitation of Liability

In no event will SellAnyJunkCar.com, its affiliates, or its partners be liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or services. This includes but is not limited to loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.

Our maximum liability to you for any claims arising out of or relating to the use of this Website or its services will not exceed the amount you paid to us, if any, for using the Website.

Indemnification

You agree to indemnify, defend, and hold harmless SellAnyJunkCar.com, its affiliates, and its partners from any claims, liabilities, damages, costs, and expenses (including attorney's fees) arising out of your use of the Website, your violation of these Terms, or your violation of any rights of another party.

Termination

We reserve the right to terminate or suspend your access to the Website or its services at any time, with or without notice, for any reason, including if you violate these Terms.

Upon termination, your right to use the Website will immediately cease. Any provisions of these Terms that by their nature should survive termination (such as provisions related to intellectual property, limitation of liability, and indemnification) will continue to apply.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of [Insert State], without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within [Insert County] for any legal actions arising from or relating to your use of the Website.

Dispute Resolution & Arbitration

Any disputes arising from or related to these Terms or your use of the Website shall be resolved through binding arbitration conducted in Freehold, NJ, in accordance with the rules of the American Arbitration Association. You waive the right to bring any class action or collective claims in arbitration.

This Dispute Resolution & Arbitration clause outlines how disputes will be handled between SellAnyJunkCar.com and users of the site ("you", "your"). Please review this section carefully, as it affects your legal rights and determines how claims and disputes will be resolved.

1. Agreement to Arbitrate

By using the SellAnyJunkCar.com website or services, you agree that any disputes or claims arising out of or related to your use of the website, the services, or these Terms & Conditions, shall be resolved exclusively through binding arbitration, rather than in court, except for matters that may be taken to small claims court.

This agreement to arbitrate applies to any claim, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You and SellAnyJunkCar.com agree to waive any right to a trial by jury.

2. Scope of Arbitration

The arbitration agreement covers:

• All disputes arising from or relating to your use of the website or services, including any interactions, transactions, or communications you have with us or third parties through the website.
• Claims regarding breach of contract, misrepresentation, fraud, or any other wrongful conduct connected to the use of the site.
• Disputes over the valuation of vehicles, inspection processes, or offers made through the site.

3. Arbitration Procedure

The arbitration shall be conducted by the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body under its Consumer Arbitration Rules. The arbitration will take place in the state of [Insert State], at a location within the county of [Insert County] unless both parties agree to a different location.

• Filing Process: To initiate arbitration, you or we must submit a written demand for arbitration. The filing party will be responsible for paying the AAA's filing fee.
• Selection of Arbitrator: A single, neutral arbitrator will be selected by the AAA in accordance with its rules. The arbitrator shall be an attorney with expertise in the law relevant to the claim, or a retired judge.
• Hearing: The arbitration may be conducted in person, by phone, or via written submissions depending on the circumstances. The arbitrator will make a decision based on the evidence and arguments presented.

4. Arbitration Costs

The payment of arbitration fees will be governed by the AAA's rules. If the arbitrator determines that the costs are excessive for you as an individual, we will pay the filing, administration, and arbitrator fees for arbitration initiated in accordance with the AAA rules.

5. Class Action Waiver

By agreeing to arbitration, you agree that any dispute resolution will be conducted on an individual basis only, and not as a class action, consolidated action, or representative action. You waive any right to participate as a plaintiff or class member in any purported class or collective proceeding.

If this waiver of class actions is found to be unenforceable or invalid, the entire arbitration clause will be null and void, and any claims must be brought in court.

6. Exceptions to Arbitration

Despite the provisions of this section, we both retain the right to:

• Bring individual claims in small claims court for disputes within the jurisdictional limits of that court.
• Seek injunctive relief in a court of law to prevent the misuse or infringement of intellectual property rights.

7. Governing Law

The arbitration proceedings shall be governed by the laws of the state of New Jersey, without regard to its conflicts of law principles. The Federal Arbitration Act (FAA) will also apply to the arbitration clause.

8. Confidentiality of Arbitration

All aspects of the arbitration, including the ruling and the proceedings themselves, shall remain confidential. Neither party may disclose information about the arbitration to any third party, except as required by law or to enforce an arbitration award in a court of competent jurisdiction.

9. Enforceability

If any portion of this arbitration agreement is found to be unenforceable or invalid, the remainder of this arbitration agreement will remain in effect, except as noted under the Class Action Waiver. This arbitration agreement will survive the termination of your relationship with SellAnyJunkCar.com.

10. Limitation on Liability

Regardless of whether a dispute is resolved through arbitration or through a court, in no event will SellAnyJunkCar.com be liable for indirect, incidental, special, punitive, or consequential damages (including lost profits) arising from your use of the website or the services, even if we have been advised of the possibility of such damages.

11. Final Arbitration Award

The arbitrator's decision will be final and binding. Either party may enforce the arbitration award in any court of competent jurisdiction.

Changes to These Terms

We may update or revise these Terms at any time without prior notice. Your continued use of the Website after such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly review these Terms.

Contact Information

If you have any questions about these Terms, please contact us at:

• Email: info@bestdealcars.com
• Phone: 1-855-462-3783
• Mailing Address: 1004C State Route 33, Freehold NJ 07728