Last updated on: September 29, 2017
Section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
1. ACCEPTANCE OF TERMS
SellCar (“SellCar” or “us” or “we”) is a business of Copart, Inc., a Delaware corporation (together with its subsidiaries and affiliates, “Copart”). SellCar provides its internet products, services, and Content (defined below; collectively, the “Service”) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using the SellCar’ particular Service, you shall be subject to any posted guidelines, rules, and/or policies and procedures applicable to such Service which may be posted from time to time. All such items are hereby incorporated by reference into the TOS.
2. MODIFICATIONS TO SERVICE
SellCar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SellCar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. PROPRIETARY RIGHTS
This website contains information, data, services, products, images, and other matters (collectively, “Content”) that is offered for informational purposes only. You acknowledge and agree that the Content and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content presented to you through this website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All Content is owned by Copart. Except as otherwise noted, Copart is the owner of all trademarks and service marks on this website. You may not use, copy, modify or display any of Copart’s trademarks, service marks, trade names, or logos appearing on the Site without the express written permission of Copart.
4. USE OF CONTENT
The Content is provided by SellCar for informational purposes only. The Content may be printed, downloaded, and reformatted for personal, non-commercial use only. No Content, in whole or in part, may be used or exploited in any way for any commercial purpose whatsoever, including downloading, copying, duplicating, linking, displaying, distributing, or reproducing, without the express written consent of SellCar or Copart. You agree that you will not use the Content for any commercial or unlawful purpose nor will you, or assist or allow someone else to, manipulate, delete, conceal, move, add to, or otherwise modify the Content.
5. THIRD PARTY LINKS
You acknowledge that, at any given time, SellCar may include links to the websites of third parties. Additionally, we may display advertisements from third parties and links to the websites of such third parties. SellCar is not responsible for the content of such third party websites or any links, services or other materials relating to such website or advertisement, or any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by SellCar on any linked site or any content therein. IN NO EVENT WILL SELLCAR BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, LOSS, OR FAILURE OF A DONATION ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINK DISPLAYED ON THE SITE, OR ANY SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COPART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SELLCAR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COPART, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
NEITHER SELLCAR NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE COPART WEB SITE.
7. LIMITATION OF LIABILITY
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, INCLUDING THE CONTENT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, CONTENT, AND SERVICES PROVIDED AT THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELLCAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTERS RELATING TO THE SERVICE.
8. GENERAL INFORMATION
The TOS and the relationship between you and SellCar shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and SellCar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, in the state of Texas. The failure of SellCar to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.