Welcome! Please read these terms and conditions of use
("Terms") carefully before
using this website. Accessing, browsing or using this website is a privilege
subject to the following Terms and indicates your agreement and acceptance of
these Terms. If you do not accept these
Terms, do not use this website.
Thank you for reviewing our Terms
and Conditions of Use Agreement (hereinafter the “Agreement”) for the
DamagedCars.com web site. This website
is owned and operated by College Auto Sales of Florida, Inc., a Florida
corporation doing business as DamagedCars.com (hereinafter “Damaged Cars,”
“We,” or “Us”). This Agreement applies
to persons who visit, submit information to, or otherwise use the
DamagedCars.com web site (collectively “Users”). If you do not agree to be bound by the terms
and conditions of this Agreement, do not use or access DamagedCars.com car
purchasing services (“Services”) or the DamagedCars.com web site (hereinafter
referred to collectively as “DamagedCars.com” or “the Site”).
DamagedCars.com is the fastest
and easiest way to get paid for your less than perfect car. We help you sell
your wrecked or non-working vehicles. Our Site offers you payment for your
vehicle "As Is." From late model cars with collision damage to an old
clunker that is not running, sell your car to or through us for a quick, simple
and secure transaction. Through our
Site, you can submit information about your vehicle to receive a no-obligation
offer. Offers to purchase are made by Us
or by our network of Service Providers (Network) across the continental United
States and these terms apply to all such offers.
Availability and Eligibility.
Our Site and Services are
available only to, and may only be used by, individuals who can form legally
binding contracts under applicable law.
Without limiting the foregoing, our services are not available to
children (persons under the age of 18). This Site is not intended for
distribution to, or use by, any person or entity in any jurisdiction or country
where such distribution or use would be contrary to applicable law or
regulation. By offering this Site and Services, no distribution or solicitation
is made by DamagedCars.com to any person to use the Site or Services in
jurisdictions where the provision of such site or services is prohibited by
law. If you do not qualify, please do
not use our Site.
The Site provides you with the
opportunity to submit information about your vehicle and receive an offer from
Us or from our Network to purchase it from you.
Offers are good for a limited time. We reserve the right to withdraw our
offer to you in the event a human and / or technological error occurs during
the offer process. You can accept an
offer made on the DamagedCars.com site either by clicking on the Agree button
on the website, in writing via email to Us at info@damagedCars.com, by verbally
communicating the acceptance of the offer to one of our sales representatives,
or by submitting copies of your title to Us. Acceptance by Us or our Network is
subject to having a negotiable title in the name of the seller and to the rest
of the terms and conditions herein. We reserve the right to retract our offer
and cancel the sale if we find the vehicle has any of the following, but not
limited to,: customer not providing a title at time of vehicle pickup, or if
the vehicle is missing major components, and / or has additional major damages
that were not disclosed to us before receiving an offer.
You agree that the sale of the
vehicle is final once payment is made to you. Ownership of the vehicle passes
to the Service Provider upon such delivery of payment to you. There are no
returns or refund beyond this point.
is made by check when we or a member of our Network picks up your vehicle, or
by mail if you choose this option.
User’s Responsibilities and
As a DamagedCars.com User you are obligated to read
provide any information to us. You agree to read and be bound to the terms of
under the age of eighteen (18); (b) you are the true and lawful owner of the
vehicle; (c) all vehicle information submitted through DamagedCars.com,
including but not limited to, ownership information, lien information, mileage,
equipment, vehicle condition , and all personal identification and contact
information provided by you to us is truthful, accurate and complete; (d) the
VIN numbers have not been tampered with; and (e) the title is free and clear of
any liens unless we have been notified in advance of such lien(s) and have
agreed to discharge the lien(s) as part of the offer. In the event that an
offer made to you is from one of our network of service providers you
acknowledge that your information will be provided to the potential service
provider and that all resulting negotiations, contractual dealings, and
responsibility for the potential or completed transaction are solely between
you and the Service provider.
Please remove your
belongings once you have accepted our offer. You are solely responsible for any
personal belonging left in the vehicle. It is your responsibility to remove any
and all personal belongings from the vehicle before the vehicle leaves you. We
or our Service Providers are not responsible for any of your belongings once
the vehicle leaves your possession.
not responsible for any loss suffered by you due to your failure to remove such
are prohibited from any use of the Site or its contents that would constitute a
violation of any applicable law, regulation, rule or ordinance of any
nationality, state, or locality or of any international law or treaty, or that
could give rise to any civil or criminal liability. Your information provided on the Site or to
Us shall not: (a) be false,
inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s
copyright, patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (d) violate any law, statute, ordinance or regulation;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (f) contain any viruses, Trojan horses, or the like, or other
computer programming routines that may damage or interfere with the Site; and
(g) create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers.
You may not consummate any transaction on the Site, or that was
initiated using our Service, that could cause us to violate any applicable law,
statute, ordinance or regulation.
Access and Interference.
You agree that you will not use any
robot, spider, scraper or other automated means to access the Site for any
purpose without our express written permission. Additionally, you agree that
you will not: (i) take any action that we, in our sole discretion, believe
imposes an unreasonably large load on our servers; (ii) copy, reproduce,
modify, create derivative works from, distribute or publicly display any Site
content without the prior expressed written permission of Us and the appropriate
third party, as applicable; (iii) attempt to interfere with the proper working
of the Site or any activities conducted on the Site; or (iv) bypass any measures
we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may terminate the
Services, temporarily suspend, indefinitely suspend or terminate your account
and refuse to provide our services to you if, within our sole and independent
judgment: (a) you breach, or we anticipate that you are about to breach, this
Agreement or the documents it incorporates by reference; (b) we are unable to
verify or authenticate any information you provide to us or believe in good
faith that you may have engaged in fraudulent activity related to the vehicle
or any transaction with Us; or (c) we believe in our sole opinion that your
actions may cause financial loss or legal liability for you, our network of
Service Providers or Us. We can also
terminate this Agreement at any time, with or without cause.
We only use your information as described in our Privacy
Policy and these Terms of Service. Our
Compliance with Laws
and Law Enforcement.
We cooperate with government and law enforcement officials
and private parties to enforce and comply with the law. We will disclose any
personal information or other information about you or your vehicle to
government or law enforcement officials or private parties as We, in our sole
discretion, believe necessary or appropriate to respond to claims and legal
process (including without limitation subpoenas), to protect the Our property
and rights or the property and rights of a third party, to protect the safety
of the public or any person, to comply with the requirements of federal, state
or local laws and regulations, or to prevent or stop activity We consider to be
illegal or unethical.
Links to Third Party
There may be links established between this Site and other
sites on the World Wide Web and Internet which are not under the control of, or
maintained by, DamagedCars.com. Such
links do not necessarily constitute an endorsement by Us of those sites. We undertake no obligation to monitor such
sites, and you agree that We are not responsible for the content of such sites
or any technical or other problems associated with any such third-party sites,
links or usage.
The Site contains intellectual property that is protected by
the laws of the United States as well as international law. You may not
publish, re-transmit, distribute, or otherwise make unauthorized use of the
material on the Site except as permitted under the applicable laws. By
providing information and content to the Site, you hereby grant
DamagedCars.com a worldwide, non-exclusive, royalty-free,
sub-licensable and transferable license to use, reproduce, distribute, prepare
derivative works of, and display the information and content in connection with
the Site and
DamagedCars.com's (and its successors' and affiliates')
business, including without limitation for promoting and redistributing part or
all of the Site (and derivative works thereof) in any media formats and through
any media channels.
Please be advised that if you provide us with your email
address, phone number, or mailing address you have expressly granted us the
right to contact you via any or all of those methods.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS
AND SUPPLIERS PROVIDE OUR WEBSITE AND
SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE, OUR
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT
THE SITE, THE SERVICES, OR THE ACTIONS OF ANY
THIRD PARTY SERVICE PROVIDER WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL
BE ACCURATE, ADEQUATE, RELIABLE,
COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE
CONTENT. WE DISCLAIM LIABILITY FOR
OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE;
AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF DAMAGEDCARS.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OF YOUR USE OF THE CONTENT OR THE SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING
NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT AND/OR YOUR USE OF THE WEBSITE.
LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS
LIMITED TO THE LESSER OF A) THE OFFERED
AMOUNT FOR YOUR VEHICLE OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE
INVALID, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES
OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our officers,
directors, agents, employees, contractors and suppliers, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third party,
including but not limited to (i) any actions or activities of a Service
Provider referred to you through the Site or by Us, or (ii) your violation of
this Agreement or your use of the Site in violation of this Agreement or in
violation of any applicable law. You
further agree that you will cooperate fully in the defense of any such claims.
Damaged Cars reserves the right but not the obligation, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle any such claim or
matter without the written consent of Damaged Cars. You further agree to
indemnify and hold harmless Damaged Cars from any claim arising from a third
party's use of information or materials of any kind that you submit to the
You agree that any controversy or claim arising out of or
relating to this Agreement and/or your use of the website, except for matters
exclusively between Users and not involving Damaged Cars, shall be settled by
binding arbitration in accordance with JAMS International Arbitration
Rules. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The arbitration shall be conducted
exclusively in Miami, Florida and the judgment on the arbitration award may be
entered in any court having jurisdiction thereof. Either you or Damaged Cars may seek any
interim or preliminary relief exclusively from a court of competent
jurisdiction in Miami, Florida necessary to protect the rights or property of
you or Damaged Cars pending the completion of arbitration.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR BETWEEN
YOU AND A NETWORK SERVICE PROVIDER, EACH OF YOU AGREE TO RELEASE DAMAGED CARS,
OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND
SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY
CALIFORNIA CIVIL CODE §
1542, WHICH SAYS: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS
AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER,
THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY DAMAGED CARS.
Damaged Cars grants a limited license to each participant to
make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without
limitation, any reproduction, duplication, sale, resale or other commercial use
of the Site and the Services, making any derivative of the Site or the
Services, or any data extraction or data mining whatsoever. You agree that you will not compile,
reproduce, republish or resell for any commercial purpose any information on
our Site and not use any device, software or routine that may interfere with
the operation of the Site.
Failure by Damaged Cars to enforce any of its rights under
this Agreement shall not be construed as a waiver of those rights or any other
rights in any way whatsoever.
to Change this Agreement.
Damaged Cars reserves the right to
change any of the terms and conditions contained in this Agreement or any
policies or guidelines governing the Site or Services, at any time and in its
sole and independent discretion. Any
changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the
changes. Changes to referenced policies
and guidelines may be posted without notice to you. Your continued use of this Site and the
Services following Damaged Cars’ posting of any changes will constitute your
acceptance of such changes or modifications.
If you do not agree to any changes to this Agreement, do not continue to
use the Services or this Site.
This is the entire Agreement governing
the use of the DamagedCars.com Site. No
delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be
construed in accordance with, the laws of the State of Florida, without regard
to that state’s conflict of laws provisions.
By using the Site you expressly agree that personal jurisdiction and
venue are proper exclusively in the state and federal courts located in the
State of Florida. No waiver of any breach of this Agreement shall be a waiver
of any other provision of this Agreement, and no waiver shall be valid unless
in writing signed by the parties.
Provisions of this Agreement that are intended to survive this Agreement
shall survive. If any provision of this
Agreement is held invalid, such provision shall be restated to reflect, as
nearly as possible, the original intention of Damaged Cars in accordance with
applicable law and the remainder of the Agreement shall remain in full force.
Except as explicitly stated otherwise,
any notices to DamagedCars.com shall be given by email to info@DamagedCars.com
(in the case of DamagedCars.com). The
Company is an accredited Member of the Better Business Bureau’s Membership. You
agree that you will notify Damaged Cars in writing of any claim or dispute
concerning or relating to the Site and the information or services provided
through it and give Damaged Cars a reasonable period of time to address it
before bringing any arbitration or legal action.