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Terms Of Use

Effective December 12, 2025

  1. Acceptance of the Terms of Use
    This Website Terms of Use (this “Terms of Use”) is entered into by and between the user (“You” or “Your,” also referred to as a “Buyer” or “Seller” as hereafter defined) and Inride LLC, a Delaware limited liability company (“Company ,” “we,” or “us”). The following terms and conditions govern Your access to and use of inride.com and auction.inride.com, including any content, functionality, and services offered on or through inride.com and auction.inride.com (collectively the “Website”), whether as a guest or a registered user.Please read this Terms of Use carefully before You start to use the Website. By clicking accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by this Terms of Use, the Privacy Policy found at Privacy Policy, the Vehicle Arbitration Policy found at Vehicle Arbitration Policy, and the Title Policy found at Title Policy, all incorporated herein by reference. If You do not want to agree to this Terms of Use, the Privacy Policy, the Vehicle Arbitration Policy, or the Title Policy You must not access or use the Website.
  2. Eligible Participants
    Through the Website, the Company provides an online marketplace connecting individuals wishing to sell their vehicle (“Sale Vehicle”), who are 18 years of age or older, and reside within the contiguous United States (each a “Seller”) to automobile dealers across the contiguous United States. Only representatives of licensed dealerships that hold a valid retail sales tax registration, certificate, license, or other requisite permit issued by the applicable sales taxing authority of Buyer’s state and county, who are 18 years of age or older, and reside in the contiguous United States are eligible to purchase or bid on vehicles through the marketplac on the Website (each a “Buyer”). For the avoidance of any doubt the contiguous United States is defined as the forty-eight adjoining U.S. states of North America excluding Alaska, Hawaii, and all other offshore insular areas. By using this Website, You represent and warrant that You are at least 18 years of age and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.
  3. Company’s Role
    Company provides services to facilitate the exchange of vehicles in the following types of transactions. For every Sale by Offer or Sale by Marketplace transaction, Buyer and Seller are subject to fees, taxes, or other payments due to the Company, Seller, Buyer, or any third party as set forth in in this Website Terms of Use, and any other contract or agreement entered into between You and Company.
    • “Sale by Offer” – Seller enters the vehicle identification number, license plate number, make, model, year, mileage, condition, photos, title, and any other information requested on the Website about a Sale Vehicle on the Website. The Website then uses market data to generate an offer estimate for the Sale Vehicle based on the information provided by Seller (“Instant Offer Estimate” or “Instant Offer”). An Instant Offer Estimate is not a guaranteed offer and every Sale Vehicle and Seller is subject to further inspection and requests for information, including but not limited to photos, by Company employees, contractors and agents. If a Buyer provides Seller with a final, non-negotiable offer for a Sale Vehicle that Buyer specifically states is a binding offer (“Final Offer”), Seller may accept the Final Offer and receive the Final Offer Payment (as defined in Section 8) after the Sale Vehicle and corresponding title have been received and verified by Buyer. Instant Offer Estimates and Final Offers are valid for twenty (24) hours or two-hundred-fifty (250) miles, whichever comes first.
    •  “Sale by Marketplace Listing”– Seller creates a profile for a Sale Vehicle that includes the vehicle identification number, make, model, year, mileage, condition, photos, title, and other information requested on the Website (“Vehicle Profile”) including an optional vehicle inspection date, desired listing start date, listing duration, and an optional Buy Now price. Seller understands and agrees that the Instant Offer Estimate shall be set by the Website as the starting price for the listing (the “Reserve”). If the Sale Vehicle is approved for listing by the Company in its sole discretion, Company shall list the Vehicle Profile in a marketplace moderated by Company. Buyers are given the ability to bid higher than the Reserve price or accept the Buy Now price.  Each Sale Vehicle listing ends when a Buyer selects the Buy Now price or when the listing duration has ended. At the end of the listing, the highest bid or the Buy Now price, if selected, shall constitute the “Marketplace Purchase Price,” but not the total amount owed by Buyer or total amount owed to Seller (see Section 8). In a Sale by Marketplace Listing, Company does not take title to the Sale Vehicle listed for sale on the Website. Company is neither Buyer nor Seller of any of the vehicles listed in a Sale by Marketplace Listing. Company is not a party to any vehicle sale contract, but Company is a third-party beneficiary of such a contract and is entitled to the parties’ performance and to seek legal remedies for the parties’ breach.
  4. Changes to the Terms of Use
    • Company may revise and update this Terms of Use from time to time in its sole discretion. All changes are effective immediately when Company posts them on the Website, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. The latest version of this Terms of Use can be found at Terms of Use.
    • Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to any changes on the Website.
  5. General Company Obligations
    • Company shall not bid or purchase vehicles in a Sale by Marketplace Listing or Sale by Offers.
    • Company is solvent.
  6. General Seller Obligations
    Each Seller accessing and using the Website represents, warrants, and agrees to the following terms:
    • All Sale Vehicles, or vehicles submitted for sale on the Website, are subject to inspection via a third-party selected by Company. Seller submits to such inspections as required by the Company.
    • No quote, estimate, or Instant Offer Estimate for the total value of a Sale Vehicle submitted to Seller shall constitute a Final Offer for the purchase of a Sale Vehicle unless specifically designated as a Final Offer.
    • Risk of loss for a Sale Vehicle remains with Seller as long as the Sale Vehicle has not been picked up for transportation by a carrier authorized by Company or Buyer, or personally delivered to Buyer by Seller.
    • Seller is the true and lawful owner of the Sale Vehicle.
    • The Sale Vehicle is free from all liens and encumbrances except as set forth in the Sale Vehicle’s Sale by Marketplace Listing or Vehicle Profile.
    • Seller has full rights, power, and authority to sell and transfer title to Buyer except as set forth in the Sale Vehicle’s Sale by Marketplace listing or Vehicle Profile.
    • Seller shall abide by and comply with all applicable laws, rules, and regulations, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles.
    • Sellers with titles in the states listed below must comply with the respective legal requirements or as may be modified from time to time:
      • Sellers in Maine attest to signing the Maine – Incoming Vehicle Prior History Disclosure, which is incorporated by reference.
      • Sellers in North Carolina attest to signing the North Carolina Damage Disclosure Statement, which is incorporated by reference.
      • Sellers in lowa attest to signing the Damage Disclosure Statement (if applicable), which is incorporated by reference.
      • Sellers in Georgia, Kentucky, and Texas: You agree that you are responsible for all unpaid ad valorem taxes assessed against the Sale Vehicle and you agree to indemnify and hold us harmless from any and all liability for such taxes.
    • All terms and conditions set forth in this Terms of Use, including but not limited to those found in the General Payment Terms and Seller Contributions for Website Use and Transactions sections herein.
  7. General Buyer Obligations
    Each Buyer accessing and using the Website represents, warrants, and agrees to the following terms:
    • Buyer will pay any applicable monthly subscription price to access the Website in accordance with the terms of any Inride Subscription Agreement between Buyer and Company.
    • Buyer shall pay Company a refundable deposit of ten (10%) percent of the Marketplace Purchase Price (the “Deposit”) within twenty (24) hours of a successful Sale by Offer or Sale by Marketplace Listing. The Deposit is credited towards the Total Marketplace Purchase Price. If Buyer does not complete payment of the Total Marketplace Purchase Price within forty-eight (48) hours of the end of the listing in a Sale by Marketplace transaction, the Deposit will not be credited towards the Total Marketplace Purchase Price or refunded in any way.  Failure of Buyer to pay any undisputed amounts owed to Company in a timely manner may result in financial penalties and/or suspension of access to Buyer’s Website account.
    • Buyer is solely responsible for determining the authenticity and validity of a title.  Buyer shall verify the title and VIN matches that of the vehicle once it has been delivered to the Buyer.  Company assumes no liability for any title issues. Buyer shall submit any issues with a vehicle or title to Company pursuant to the Inride Vehicle Arbitration Policy found at Vehicle Arbitration Policy.
    • Each bid in a Sale by Marktetplace is valid for the duration of that Sale by Marketplace.
    • No stop payment order of Buyer’s payment to Company shall be honored.
    • Any stop payment order shall be deemed by the parties to be evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as an intent to defraud in order to consummate the transaction.
    • Company may deposit any payment immediately, regardless of whether Buyer has possession of the Sale Vehicle’s certificate of title.
    • Title to the Sale Vehicle will not pass to Buyer until complete payment has been received by Company and the title has been received from Seller.
    • Buyer is solvent.
    • The Sale Vehicle is purchased solely for resale in the form of tangible personal property in Buyer’s regular course of business and is the sort usually purchased by Buyer for resale.
    • If Buyer is planning to export the Sale Vehicle, Buyer is responsible for ensuring satisfaction of all export requirements and all import requirements of the destination country.
    • Buyer holds a retail sales tax registration, certificate, license, or other permit, issued by the sales taxing authority of Buyer’s state, county, and country as appropriate.
    • Company reserves the right to limit the number of vehicles purchased by Buyer at any time.
    • Buyer will not attempt to manipulate bids, intentionally bid up, or manipulate the Marketplace Purchase Price of any Sale Vehicle, circumvent the Website in order to purchase the Sale Vehicle directly from Seller, or otherwise fraudulently bid on any Sale Vehicle.  If Company deems, in its sole discretion, that a bid violates the Terms of Use, Company may cancel such bid and suspend Buyer access to the Website.
    • Buyer shall abide by and comply with all applicable laws, rules, and regulations, including but not limited to all rules and regulations set forth by the applicable department of motor vehicles.
    • All Buyer payments shall originate from a US financial institution in US dollars.  International payments or payments in foreign currencies shall be null and void.
    • All terms and conditions set forth in this Terms of Use, including but not limited to those found in the General Payment Terms and Buyer Contributions for Website Use and Transactions sections herein.
  8. General Payment Terms
    • For purposes of this Terms of Use, the Final Offer Payment shall be defined as the Final Offer less any fees, offsets, or set-offs due from Seller to Company.
    • You agree to pay Company any and all fees Company charges for access and use of the services provided through the Website. Fees are subject to change without notice. All fees are non-refundable.
    • You agree to pay all costs including, without limitation, attorney fees, court costs, and other expenses reasonably incurred by Company to collect any monies owed by You or to enforce Company rights or Buyer obligations under this Terms of Use.
    • Seller Payment Terms
      • Upon Company’s or Buyer’s receipt of a clear (i.e. no lien), transferable title from Seller and pickup of the Sale Vehicle by an authorized transportation carrier scheduled by Company or Buyer, Company shall pay Seller, except in the event of a loan or lease, an amount equal to the Marketplace Purchase Price or Final Offer Payment. In the event there is an outstanding loan or lease on the Sale Vehicle, then Company shall submit the payoff funds directly to the bank or finance company and any remaining equity will be sent to the Seller by the Company. Company shall not be responsible for the remittance of any payment due from a bank or finance company to the Seller.
      • If the payoff is greater than the Marketplace Purchase Price or Final Offer Payment, Company shall send Seller a bill for the difference. Once Seller has paid the bill in full then Company shall send payment to the bank or finance company for the full payoff amount.
      • Any amounts owed to Company by Seller may be deducted from any proceeds due to Seller.
      • Company may stop payment or refuse to authorize payment to Seller pursuant to a right of offset or set-off.
      • If a Sale Vehicle is successfully sold , Seller shall pay a success fee, if any,  in the amount specified on the Website at the time the Sale by Marketplace or Sale by Offer was initiated by Seller.
    • Buyer Payment Terms
      • The Marketplace Purchase Price, Buy Fee (as defined herein), charges agreed to in the Inride Subscription Agreement, Transportation Costs, and all other fees and applicable federal and state sales taxes payable by Buyer in connection with the purchase of a Sale Vehicle shall, in aggregate, constitute the “Total Marketplace Purchase Price.”
      • If Buyer wins a Marketplace listing, Buyer shall pay the fee specified on the Website marketplace listing (“Buy Fee”) for that vehicle.
      • Payment of the Deposit and Total Marketplace Purchase Price shall be made in U.S. dollars by ACH or wire electronic funds transfer, or electronic check from a U.S. financial institution.  Credit card payments will incur a credit card processing fee in effect at the time of payment.
      • Upon winning the marketplace listing (the “Payment Due Date”), Company shall submit an invoice to Buyer for the Total Marketplace Purchase Price. Buyer shall submit payment to Company within one (1) business day from the Payment Due Date.
  9. Transport
    Buyer will be presented on the Website with the option to have the Sale Vehicle transported either by a third-party selected by Company or independently arrange its own transportation.If Buyer elects Company to arrange transportation, then Buyer and Seller agree that Company will coordinate the transportation of the Sale Vehicle from Seller to Buyer via a third-party selected by Company, and neither Buyer nor Seller shall do so directly. Buyer agrees that delivery of the Sale Vehicle, including the risk of loss to Buyer, will occur at the time the Sale Vehicle is loaded on to the transport and removed from Seller’s premises (i.e., FOB shipping point). Buyer shall be responsible to pay Company the transportation costs (“Transportation Costs”) associated with each specific Sale Vehicle based on the destination address requested by Buyer. During such transit, the Sale Vehicle will be insured by the third-party vehicle shipping organization and Buyer will be the beneficiary of any claims for damage to the Sale Vehicle or losses occurring while the Sale Vehicle is in transit.Alternatively, Buyer may elect to independently arrange their own transportation of the Sale Vehicle by selecting such option when presented on the Website. Buyer shall be solely responsible for the Transportation Costs charged by their independently chosen transportation method, and shall make any and all insurance and legal arrangements without reliance on Company or the Website. Company shall have no obligation or legal liability for any incidents, claims, or questions arising out of the transportation of a Sale Vehicle independently arranged by Buyer.
  10. Default
    • If Buyer fails to pay fees or other amounts owing when due, Company will be entitled to immediately set-off the amount owed by Buyer from any funds due from Company to Buyer.
    • If Buyer fails to pay the Total Marketplace Purchase Price within one (1) business day of the Payment Due Date, Company may: (a) electronically debit You in accordance with the default payment method selected by You or another account made available to Company; (b) withhold physical title documents until all amounts owed have been paid; (c) cancel the sale transaction; (d) charge a $250 late fee plus interest on any past due amounts at the rate of one and one half (1.5%) percent per month, calculated in U.S. dollars, or the maximum rate allowed by law, whichever is less; and/or (e) pursue any other remedy or relief permitted by law. Any payment that is withdrawn by Buyer or its bank, rejected or returned for non-sufficient funds (“NSF”) must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the maximum amount allowed by law and shall be immediately due and payable.
  11. Accessing the Website and Account Security
    Company reserves the right to withdraw or amend this Website, and any service or material Company provides on the Website, in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and You consent to all actions Company takes with respect to Your information consistent with the Privacy Policy.If You choose, or are provided with, a user name, password, or any other piece of information as part of the Website’s security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify Company immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.Company has the right to disable any user name, password, or other identifier, whether chosen by You or provided by Company, at any time in its sole discretion for any reason, including if, in Company’s opinion, You have violated any provision of this Terms of Use.

    All notifications You send to Company regarding unauthorized access or suspected breach of Your Website user name must be emailed to [email protected]

  12. Seller Contributions for Website Use and Transactions
    • Seller represents and warrants that any images or information Seller provides to Company, Buyer, or the Website (a “Seller Contribution”), including but not limited to personal, registration, financial, or vehicle information is accurate and not false or misleading and that Seller is the sole owner of any images Seller submits and that the images will not violate the intellectual property rights of any third party, including copyright or other intellectual or proprietary rights.
    • Seller agrees that by submitting any Seller Contribution about the Sale Vehicle, Seller grants Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such information and images throughout the world in any media, now known or hereafter devised.
    • Seller acknowledges that if Seller provides Company, Buyer, or Website with any false, incomplete, or inaccurate Seller Contributions, the estimated value or Instant Offer Estimate of Seller’s Sale Vehicle may be inaccurate and/or any transaction to which Seller is a party may be canceled. By providing Seller Contributions through the Website, Seller agrees that Company may contact Seller by any method that Seller supplied for contact information.
    • Seller represents and warrants that any images or information Seller provides to Company, Buyer, or the Website (a “Seller Contribution”), including but not limited to personal, registration, financial, or vehicle information is accurate and not false or misleading and that Seller is the sole owner of any images Seller submits and that the images will not violate the intellectual property rights of any third party, including copyright or other intellectual or proprietary rights.
    • Seller agrees that by submitting any Seller Contribution about the Sale Vehicle, Seller grants Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such information and images throughout the world in any media, now known or hereafter devised.
    • Seller acknowledges that if Seller provides Company, Buyer, or Website with any false, incomplete, or inaccurate Seller Contributions, the estimated value or Instant Offer Estimate of Seller’s Sale Vehicle may be inaccurate and/or any transaction to which Seller is a party may be canceled. By providing Seller Contributions through the Website, Seller agrees that Company may contact Seller by any method that Seller supplied for contact information.
  13. Buyer Contributions for Website Use and Transactions
    • Buyer represents and warrants that any information Buyer provides to Company, Seller, or the Website (a “Buyer Contribution”), including but not limited to personal, registration, business, or financial information, is accurate and not false or misleading.
    • Buyer acknowledges that if Buyer provides Company, Seller, or the Website with any false, incomplete, or inaccurate Buyer Contributions, any transaction to which Buyer is a party may be canceled. By providing Buyer Contributions through the Website, Buyer agrees that Company may contact Buyer by any method that Buyer supplied for contact information.
  14. Intellectual Property Rights
    The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without Company’s consent. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company.
  15. Prohibited Uses
    You may use the Website only for lawful purposes and in accordance with this Terms of Use. You agree not to use the Website:
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • To promote any illegal activity, or advocate, promote, or assist any unlawful act.
    • To deceive anyone.
    • To infringe on intellectual property belonging to the Company or any Buyer, Seller, user, or third-party.
    • To transmit, or procure the sending of, any advertising or promotional material without Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Company, may harm the Company or users of the Website, or expose them to liability.
    • To build a competitive product or service, or copy any ideas, features, functions, or graphics of the Website.
    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this Terms of Use, without Company’s prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • To promote any illegal activity, or advocate, promote, or assist any unlawful act.
    • To deceive anyone.
    • To infringe on intellectual property belonging to the Company or any Buyer, Seller, user, or third-party.
    • To transmit, or procure the sending of, any advertising or promotional material without Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Company, may harm the Company or users of the Website, or expose them to liability.
    • To build a competitive product or service, or copy any ideas, features, functions, or graphics of the Website.
    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this Terms of Use, without Company’s prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.
  16. Monitoring and Enforcement; Termination
    Company has the right to:
    • Remove or refuse to post any Seller Contributions or Buyer Contributions (each a “User Contribution”) for any or no reason.
    • Take any action with respect to any User Contribution that Company deems necessary or appropriate in its sole discretion, including if Company believes that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
    • Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    • Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of this Terms of Use.
    • Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Website.
    • YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    • However, Company cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  17. Reliance on Information Posted
    The Website is continuously updated but may have technical errors or interruptions. As a result of such technical errors or interruptions, the information displayed on the website may display errors or inaccuracies and may not be complete or current. Vehicles may be mispriced, described inaccurately, or unavailable on the Website, and Company cannot guarantee the accuracy or completeness of any information found on the Website. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If a unilateral mistake is or was made by Company or Seller in setting the Reserve or sale price of a Sale Vehicle, Company may, in its sole discretion, nullify such sale, and Buyer agrees to return any such vehicle at Company’s request, and Company will, upon receipt of such vehicle, return the Total Marketplace Purchase Price to Buyer.This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible or liable to You or any third party for the content or accuracy of any materials provided by any third parties.
  18. Information About You and Your Visits to the Website
    All information Company collects on this Website is subject to the Privacy Policy. By using the Website, You consent to all actions taken by Company with respect to Your information in compliance with the Privacy Policy.
  19. Linking to the Website and Social Media Features
    You may link to the Website, provided You do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent. Such consent may be revoked without notice. You agree to remove any unauthorized linking upon Company’s demand.
  20. Chatbots
    We may use a chatbot on certain Websites to help provide customer service and support, including through the use of a virtual assistant (“Chatbot”). The Chatbot is designed to work without the assistance of a human operator. It responds to questions posed to it in natural language using a combination of pre-programmed scripts, machine learning, and generative artificial intelligence (“AI”). When asked a question, the Chatbot will answer using the knowledge database that is currently available to it. If the conversation introduces a concept the Chatbot is not programmed to understand, it will advise of its limitations. The Chabot functionality is limited to Company customer service, sales, and support inquiries. By using the Chatbot, you agree that (1) your use of the Chatbot will be limited to Company customer service, sales, and support inquiries, and (2) we may use transcripts of your interactions with the Chatbot and the information you provide to the Chabot for quality control, customer service, fraud prevention, and security.You shall at all times exercise reasonable care in using the Chatbot, and shall use the Chatbot in strict accordance with (1) this Agreement, our Privacy Policy, and any other applicable terms and conditions; (2) any usage policies made available by Company; and (3) all applicable laws, rules, and regulations. You are responsible for the information you share with the Chatbot, and should not input sensitive or personal information, such as financial or account details or other confidential information. By using the Chatbot, you agree not to input such sensitive or confidential information.

    By using the Chatbot, you acknowledge that you are interacting with AI. We continually work to improve the Chatbot to make it more accurate, reliable, safe, and beneficial, but given the probabilistic nature of machine learning and AI, use of the Chatbot may generate or result in inappropriate, inaccurate, or unreliable responses. You are solely responsible for evaluating any information, content, responses, or other output generated by or through the Chatbot (collectively, “Output”) and the accuracy thereof, including through independent human review of such Output. Without limiting the generality of the terms Disclaimer of Warranties and Limitation on Liability below, we cannot and do not represent, warrant, or guarantee the accuracy, reliability, or suitability of any Output. You acknowledge and agree that Company and its third-parties shall not be liable for any loss or damage caused by or resulting from your reliance on any Output or the content of your communications with the Chatbot. To the extent any Output contains information on any specific product, service, or partner, you acknowledge and understand that the Websites and Services (and as a result, the Chatbot) do not include all products, services, offers, or service providers available in the marketplace. Additionally, products, services, and offers that may appear in any Output may be from companies from whom Company receives compensation. Your use of the Chatbot constitutes your awareness and acknowledge of this compensation and the limitation of products, services, and offers displayed or presented on or via the Websites or Services. If you have any inquiries regarding your interaction with the Chatbot or any Output, please reach out to us at [email protected].

  21. Links from the Website
    If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
  22. Geographic Restrictions
    The owner of the Website is based in the State of Maryland in the United States. Company provides the Website for use only by persons located in the United States. Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
  23. Disclaimer of Warranties
    You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  24. Limitation on Liability
    You agree that any legal claims arising out of a transaction for the sale of a Sale Vehicle will be between Buyer and Seller only. No such legal claims can be brought by You against the Company.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  25. Indemnification
    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of this Terms of Use or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this Terms of Use, or Your use of any information obtained from the Website.
  26. Governing Law and Jurisdiction
    All matters relating to the Website and this Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
  27. Dispute Resolution
    PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO FILE OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW.THIS DISPUTE RESOLUTION SECTION ALSO ADDRESSES THAT YOU AND COMPANY ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
    • Application to Providers: As used in this Dispute Resolution section, “Company” further includes any Providers that may contact you in connection with your use of the Websites or Services. For the avoidance of doubt, you acknowledge and agree that Providers are intended third-party beneficiaries of this Agreement, and, upon your acceptance of the Agreement, such Providers will have the right to enforce the terms of this Dispute Resolution section against you as intended third-party beneficiaries thereof.
    • Arbitration Agreement: If unable to work out a solution amicably, both you and Company agree to resolve through final and binding individual arbitration, except as otherwise provided in this Dispute Resolution section, any dispute, claim, or controversy (each, a “Dispute”) arising at any time (including before the effective date of this Agreement), in any way arising out of or relating to: (i) this Agreement and prior versions of this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) the Websites and Services, including access to the Websites and Services, use of the Websites and Services, receipt of any advertising or marketing communications, and/or any content contained on the Websites; (iii) any other aspect of your relationship or transactions with Company as a consumer, except that, as to Providers, this part (iii) is limited to your interactions as a consumer with Providers arising out of your use of the Websites and Services, including but not limited to any text message, telephone call, or other communication you receive from or on behalf of any Provider. You agree that any dispute regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator. This Agreement and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.Notwithstanding this mandatory Arbitration Agreement, you and Company each retain the right: (a) to assert claims in small claims court, so long as the claims qualify for small claims and the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights. If a claim qualifies for small claims court but a party commences an arbitration proceeding, you and Company agree that either party may elect instead to have the claim resolved in small claims court, and upon written notice of a party’s election, the arbitration proceeding will be administratively closed. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator.
    • Overview of Dispute Resolution Process: This Dispute Resolution section provides for a two-part process for dispute resolution: (1) an informal dispute resolution process directly with Company (described in the Mandatory Informal Dispute Resolution section below); and, if necessary, (2) binding arbitration administered by JAMS. Notwithstanding these provisions, you and Company each retain the right to seek resolution of Disputes in small claims court as an alternative to arbitration.
    • Mandatory Informal Dispute Resolution: You and Company agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, before initiating arbitration proceedings, you and Company agree to first engage in a good faith effort to resolve informally any such Dispute.The party initiating the Dispute must first send a written notice to the other party providing a detailed description of the Dispute, including at least the following information: (1) the initiating party’s name and contact information (address, telephone number, and email address); (2) the email address associated with your account (if applicable); (3) sufficient information to enable you or Company to identify any transaction at issue; (4) the nature and basis of the Dispute; and (5) the nature and basis of the relief sought (including a calculation of any damages). Your notice must be personally signed by you. Company’s notice must be personally signed by a Company representative.

      Your notice must be sent by UPS or FedEx with signature request or by certified USPS mail to 3111 Automobile Blvd, Silver Spring, MD 20904. Company’s notice must be sent by UPS or FedEx with signature request or by certified USPS mail to the physical address associated with your Company account or your most recent use of Company’s services if you do not have an active Company account.

      The initiating party must allow the other party 60 days to respond and attempt to resolve the Dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.

      For a period of 60 days from the date of receipt of a completed notice from the other party, the parties will work together using reasonable efforts to try to resolve the Dispute. If requested by Company in connection with a notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by counsel, your counsel may also participate) in a good faith effort to resolve informally the Dispute. If requested by you in connection with a notice initiated by Company, Company agrees to have a Company representative personally participate in an individualized, telephone dispute resolution conference (and if Company is represented by counsel, Company’s counsel may also participate) in a good faith effort to resolve informally the Dispute. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or Company may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process. Any applicable limitations period (including statutes of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

      If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or Company may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

    • Initiating Arbitration: In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Dispute Resolution section, a party must provide the other party with a written demand for arbitration and file the demand with JAMS. A party initiating an arbitration against Company must send the written demand for arbitration by UPS or FedEx with signature request or by certified USPS mail to 3111 Automobile Blvd, Silver Spring, MD 20904. For Company to initiate arbitration, Company must send the written demand for arbitration by UPS or FedEx with signature request or by certified USPS mail to the physical address associated with your Company account or your most recent use of Company’s services if you do not have an active Company account.The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. If you are initiating arbitration, the arbitration demand and certification must be personally signed by you or your counsel (if you are represented by counsel). If Company is initiating arbitration, the arbitration demand and certification must be personally signed by a Company representative or Company’s counsel (if Company is represented by counsel).

      By signing or filing the arbitration demand, the party and the party’s counsel initiating the arbitration certify that to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances, that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law on represented parties and their counsel for either party’s violation of this requirement.

    • Arbitration Rules and Governing Laws: Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement.The arbitration shall be administered by JAMS under its applicable rules, including the Streamlined Arbitration Rules & Procedures, Comprehensive Arbitration Rules & Procedures, and/or JAMS Mass Arbitration Procedures and Guidelines, as applicable (the “JAMS Rules”), as modified by this Agreement. The JAMS Rules are available at jamsadr.com. The arbitration will be conducted by a single arbitrator, other than potential use of a Process Administrator, who may be appointed in accordance with the JAMS Rules. If JAMS is unavailable or unwilling to administer the arbitration consistent with the JAMS Rules as modified by this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with its rules as modified by this Agreement.
    • Arbitrator’s Decision: The arbitrator shall issue a reasoned written award. Judgment on the arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. The arbitrator’s decision shall be final and binding on all parties to the arbitration that are the subject of the decision. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and Company.
    • Arbitration Fees: The payment of any filing, administrative, or arbitrator fees will be governed by the applicable JAMS Rules and shall be up to the amount you would be required to pay if you filed the Dispute in court. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose.You and Company agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies, associated with arbitration. Therefore, you or Company may elect to engage with the arbitration administrator regarding fees, and you and Company agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
    • Additional Procedures for Mass Arbitration: You and Company agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this Arbitration Agreement) shall also apply in the event of a “Mass Arbitration” (defined below). You and Company agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere Disputes between the parties. You and Company acknowledge and agree to act in good faith to ensure the procedures set forth herein are followed.If claimants (including you) assert or seek to assert 25 or more similar arbitration demands against Company with the same counsel or counsel acting in coordination (“Mass Arbitration”), the JAMS Mass Arbitration Procedures and Guidelines and these provisions shall apply. For the avoidance of doubt, if any Mass Arbitration demands were originally processed as individual arbitration demands before the procedures described in this Additional Procedures for Mass Arbitration section were commenced, further proceedings, including the assessment of further arbitration fees to either party shall be governed by the procedures set forth in this Additional Procedures for Mass Arbitration section and the JAMS Mass Arbitration Procedures and Guidelines.

      Decisions by the Process Administrator shall not be binding on claimants who filed an arbitration demand determined to be part of the Mass Arbitration subsequent to the Process Administrator’s decision. In coordination with the Process Administrator, Mass Arbitration demands will be batched into batches of up to 100 demands, with each batch being assigned a single merits arbitrator, to be administered concurrently. Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches.

      You acknowledge and agree that, by choosing to participate in a Mass Arbitration, the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Dispute, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Disputes, including to engage with the arbitration administrator to address threshold administrative issues.

      If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

      A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration section of the Arbitration Agreement, including by enjoining the filing, prosecution, or administration of arbitrations, and the assessment or collection of arbitration fees.

      The Additional Procedures for Mass Arbitrations section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Additional Procedures for Mass Arbitrations section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

    • Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY WAIVE THE RIGHT TO A JURY TRIAL.
    • Class, Collective, and Representative Action Waiver: THE PARTIES EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE, CLAIM, OR CONTROVERSY BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE ACTION OR PROCEEDING, OR TO PARTICIPATE IN ANY SUCH ACTION OR PROCEEDING. AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR, ARBITRATE, OR ADMINISTER ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE ACTION. AN ARBITRATOR MAY ONLY AWARD RELIEF TO THE INDIVIDUAL SEEKING RELIEF IN ARBITRATION AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S CLAIM, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER COMPANY USERS. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THIS WAIVER DOES NOT PREVENT YOU OR COMPANY FROM PARTICIPATING IN A CLASS-WIDE, COLLECTIVE, AND/OR REPRESENTATIVE SETTLEMENT OF CLAIMS.
    • Changes to Arbitration Agreement: If Company changes this Dispute Resolution section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice via email to [email protected] with your first and last name, address, and phone number and stating your intent to reject the change within 30 days of the date the change is effective. Rejecting any change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any Dispute between you and Company.
    • Severance of Arbitration Agreement: If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, and Representative Action Waiver above in this Dispute Resolution section is found to be void, unenforceable, or unlawful, in whole or in part, with respect to a particular claim or request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), the parties agree that the particular claim or request for relief may proceed in a court of competent jurisdiction but shall be stayed pending arbitration of all remaining claims and requests for relief.
    • Survival of Arbitration Agreement: Except as otherwise provided in this Dispute Resolution section, this Arbitration Agreement will survive any termination of the Agreement or of your access to the Services. This Arbitration Agreement survives after your relationship with Company ends.
  28. Termination
    If You violate, breach, fail to follow, or act inconsistently with these Terms of Service, Company may terminate, discontinue, suspend, and/or restrict your ability to access, visit, and/or use the Website or any portion thereof, with or without notice. Company reserves the right to take any technical, legal, and/or other actions that Company deems necessary and/or appropriate, with or without notice, to prevent violations and enforce this Terms of Service and remediate any purported violations.
  29. Limitation on Time to File Claims
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  30. Waiver and Severability
    No waiver by the Company of any term or condition set out in this Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Terms of Use shall not constitute a waiver of such right or provision.If any provision of this Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  31. Entire Agreement
    The Terms of Use, Privacy Policy, Title Policy, Arbitration Policy, Cookies Policy, and Subscription Agreement, as applicable to Buyers, constitute the sole and entire agreement between You and Company regarding the Website and they supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  32. Your Comments and Concerns
    All other feedback, comments, requests for technical support, copyright infringement claims and other communications relating to the Website should be directed to: [email protected]