These terms and conditions govern the use of www.1888paycashforcars.com and all services, products, and content available at or through the 1888 Pay Cash for Cars Website (referred to as the “Website”) which is operated and owned by 1888 Pay Cash for Cars (referred to as “Us”, “We”, or “1888 Pay Cash for Cars”).
The use and access of this Website is offered subject to the acceptance of the user without any changes of all the terms and conditions and all of the operating procedures, policies, and rules that are published and may be changed from time to time on this Website by us (collectively referred to as the “Agreement”).
Carefully read this Agreement before accessing the Website. By your use or access of any part of the Website, you agree to all the terms and conditions expressed here. If you disagree with any part of this Agreement, then you should not access or use the Website and any of the services offered through it. Acceptance of the Agreement is expressly limited to these terms and conditions.
We reserve the right to change or replace any part of this Agreement. You are responsible for checking this Agreement from time to time for any modifications. Continuing to use or access the Website after any modifications made to it constitutes acceptance of any changes. Any new services and/or features offered by us through the Website, including new resources or tools, are subject to the terms and conditions governing this Agreement.
1888 PAY CASH FOR CARS 1888 Pay Cash for Cars is not directly involved in salvage and towing services and the buying or selling of cars. The Website acts as a digital intermediary or venue where Sellers and Buyers can enter into agreements. We are not involved in the actual transaction that takes place between Sellers and Buyers as defined below. We merely assist in the payment process and any other logistical requirements whenever these are applicable. Because of this, 1888 PAY CASH FOR CARS CANNOT DIRECTLY CONTROL OR CHECK THE LEGAL, QUALITY AND SAFETY ASPECTS OF TRANSACTIONS BETWEEN BUYERS AND SELLERS IN THE WEBSITE.
OFFER An “Offer” refers to the money or service proposed by the Buyer. It is a transaction between a Seller and a Buyer. An offer is subject to the information about the vehicle submitted by the Seller. This offer is generated in real time and may be subject to change.
SELLER “Sellers” are those who use 1888 Pay Cash for Cars to submit information about vehicles for the purpose of receiving Offers from prospective Buyers. When Seller accepts an offer from a Buyer, he or she is connected to the Buyer and is given the necessary contact information to continue the transaction.
A Carrier contacts the Seller to arrange for the pick up of the vehicle. If the Offer indicates that payment should be made upon pick up of the vehicle, the Buyer has to arrange for payment to be made to the Seller. If you are the Seller, you acknowledge that you are at least 18 years old. If you are a minor, you may only be permitted to use 1888 Pay Cash for Cars if you have the express consent of your guardian or parents.
BUYER “Buyers” are those who bid on vehicles submitted by Sellers on 1888 Pay Cash for Cars. The bid is the cost or amount of money that a Buyer is willing to exchange for a vehicle. This bid is based on the information about the vehicle that a Seller submits. Certain factors may affect the bid amount or “bid filters”. These factors may be the location, condition, and year of the vehicle. When the Seller accepts an Offer, necessary information about the Seller is given to the Buyer in order to process a transaction.
CARRIER The company or person who physically transports the Seller’s car to the Buyer is called a “Carrier”. The Carrier can be dispatched by a third party directly through a Buyer or through 1888 Pay Cash for Cars.
FEES At present, Sellers are FREE to use 1888 Pay Cash for Cars. However, certain Carrier fees may be charged to a Buyer when a third party towing service is used through 1888 Pay Cash for Car’s Website. Aside from this, there are currently NO FEES FOR BUYERS and FOR CARRIERS to use 1888 Pay Cash for Cars.
RELEASE OF LIABILITY In the event of a dispute with one or more of 1888 Pay Cash for Cars Carriers or Buyers, you agree to release 1888 Pay Cash for Cars, and all its directors, officers, agents, employees from all actual and consequential demands, damages and claims of any nature and kind, disclosed and undisclosed, suspected and unsuspected, known and unknown, arising out of and/or in any way connected with the dispute. We and any of our licensors and suppliers will not be held liable for any delay or failure brought about by matters or events beyond our reasonable control and for any of the following, to the extent allowed by applicable law: 1) interruption of use and/or corruption or loss of data, 2) consequential, incidental, or any special damages, 3) excess fees you paid to us under this agreement within twelve months before the cause of action, 4) any expense arising from the substitute or procurement of substitute services and products.
DISCLAIMER This Website is “As Is”, meaning we nor any of our suppliers or licensors do not make any warranty that the site is error-free and that access will be uninterrupted and continuous. We disclaim all kinds of warranties, implied or expressed, including the warranties of merchantability and fitness for a particular purpose. The data transmitted in the website is unencrypted and done over different networks. You acknowledge that you are accessing the website and obtaining its content and/or services at your own risk and discretion.
GENERAL WARRANTY AND REPRESENTATION You warrant and represent that you will use this Website in strict accordance with all the terms and conditions contained in this Agreement and in consideration of all the applicable regulations and laws including and not limited to any regulations and laws in your governmental area, city, state, and country, with regard to online behaviour and what is considered acceptable content, and with regard to the transmission of data from the USA to the country where you are residing. You also represent and warran that your use and access of this Website will not and does nto misappropriate or infringe on any third partyÃƒÂ¢Ã¢â€šÂ¬Ã¢â€�Â¢s intellectual property rights.
PROHIBITED OR RESTRICTED ITEMS Carriers cannot pick up any dangerous or hazardous items inside or along any vehicle. Examples of these dangerous or hazardous materials are flammable materials, toxic substances, radioactive materials, and explosives. Any material that may be dangerous to the safety, health, and property of any person during the pick up or transport of the vehicle is considered hazardous or dangerous.
LEGAL OBLIGATION It is the SellerÃƒÂ¢Ã¢â€šÂ¬Ã¢â€�Â¢s obligation and responsibility to comply with all regulations, laws, statutes, and rules that are applicable in the transaction process. As a Seller, you must be legally able to sell the vehicle once you accept an Offer from a Buyer.
INFORMATION YOU SUBMIT You are solely responsible for any and all of the information you give us and other users during the transaction process ÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Å“ including but not limited to the Offer, pick up, and payment process. You warrant and represent that the personal information you submit is legal, non-fraudulent, true, and accurate. The information you provide shoud not have any malware or viruses that may interfere or damage our Website. You cannot accept Offers that would cause 1888 Pay Cash for Cars to violate any existing statue, ordinance, law, or regulation or that which violates the terms in our Prohibited Items. You authorize us to use the information you provided and gave to us in accordance to these Terms and Conditions and in connection with our services.
FRAUD In case of your involvement or suspicion of involvement in any fraudulent activity connected with the use of our Website, 1888 Pay Cash for Cars reserves the right to terminate or suspend your account and any Offer or claim you make or is made to you.
PAYMENT PROCESSES AND METHODS There are presently two options for Sellers to receive payment. These may not be always available on every Offer:
- “Paid on pick-up:” The Carrier will give the payment to the Seller once the vehicle is picked up.
- “Check by mail:” The Seller will supply the name and address and a check will be mailed to him or her.
OFFER INFORMATION 1888 Pay Cash for Cars consents to pay the Dealer in accordance withthe terms expressed in the Offer as long as the Carrier successfully picks up the Seller’s vehicle. Certain data with respect to vehicle condition, area, and proprietorship will be submitted for the Seller to complete the transaction or Offer process. The Seller warrants and represents that the data provided is exact and legitimately accurate, including, and not limited, to the following:
- Accurate Vehicle Location: The ZIP code and city indicated at the time the information is submitted must be identical to that of the vehicle when it is picked up.
- Accurate Vehicle Information: All the details regarding the vehicle (i.e. year, model, trim, make, and VIN) at the time the information is submitted must be identical to that of the vehicle when it is picked up.
- Accurate Vehicle Condition: before and after the vehicle is picked up, the following conditions will be verified:
- Are all tires inflated? All tires are mounted and are filled with air, no flats or leaks that could result to a flat.
- Are there tires that are removed or are not mounted to the axles?
- Is the car drivable? When placed into gear, the car is able to start normally. It idles and moves under its own power.
- Does the engine start? The engine starts and idles normally when you turn the ignition.
- Is the complete engine and transmission under the hood? The transmission and engine are properly assembled and in position for the car to operate.
- Are the engine or transmission removed from the car?
- What is the mileage? The mileage can be instantly verified upon visual inspection.
- Are all the major body panels still intact? The exterior is still complete, with all the components intact as when it was assembled or with aftermarket replacements.
- Is the car free of baseball-sized or larger dents? ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â¨There are no dents with a diameter equal to or larger than a baseball.
- Are the glass and lights still intact? None of the glass is cracked or broken. All lights are bolted.
- Is the car free of damage from flood or fire?
- Interior Conditions
- Are all interior components (airbags, seatbelts, seats, radio, etc.)still intact?
Accurate Vehicle Ownership – The following are verifed when your information is submitted to our Website:
- You donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€�Â¢t owe money on the vehicle.
- You have a valid and physical title in your possession.
- You own the car and you have transferable and acceptable proof of ownership.
- You have the right to act in behalf of the owner of the car in order to sell it.
These information will determine the type of ownership of your vehicle and will categorize your offer in either of the 2 ways:
- DOCUMENTED vehicle: the title will be checked, ensuring that it has been properly signed (and if needed, notarized). It is free and clear of any encumbrances and liens.
- ABANDONED vehicle: Owner is unknown and/or no transferable documents are in your possession We cannot make an offer or pick up these vehicles.
All vehicles are inspected to check for the necessary documentation and to verify their condition. The inspection can be made when the vehicle is picked up or when it arrives on location with its Buyer.
In case of inaccurate information during the inspection, 1888 Pay Cash for Cars reserves the right to recalculate or modify the original Offer. The vehicle may also be returned or not picked up. If the Seller does not accept the return, it will be considered as abandoned, which means that it will not be paid for. The Seller will be notified or informed before any action is taken.
Usually, the Carrier makes the payment to the Seller during pick up. However, if paid through mailed check, the amount due to the Seller will be processed as soon as all the necessary documents have been submitted, the condition of the vehicle is verified, and the vehicle is confirmed to be picked up.
Disputes between 1888 Pay Cash for Cars and you should be reported to 1888 Pay Cash for Cars Customer Care. Disputes between Carriers or Buyers are beyond our responsibility. As stated above, we only serve as an intemediary service. If you do report a dispute, we will do our best to help both sides communicate. However, the dispute should be directly resolved by users.
PROHIBITION FOR BUYERS TO CIRCUMVENT
As a Buyer, you cannot “cut out” or make offers directly to Sellers outside of the 1888 Pay Cash for Cars service. In case of outside Offers accepted by a Seller, 1888 Pay Cash for Cars is not liable to provide any support or assistance.
You shall not hire or solicit to hire our employees you are aware of during the term of this Agreement. You shall not interfere with any of our other business relationships including those with our members.
For administration purposes, we reserve the right to keep the records of any and all transactions and communications between you and other members.
We may use insurance, credit card checks, EID and other techniques to confirm the qualification and verification of our Carriers and Buyers.
During the course of business, Seller may be exposed to and obtain certain proprietary information of 1888 Pay Cash for Cars, including, without limitation, its systems, Company IP (defined below), and information relating to its business affairs, property, methods of operation, or other data, and any such information given to 1888 Pay Cash for Cars by its customers (collectively the “Confidential Information”). Seller agrees that, except as otherwise agreed to in writing by 1888 Pay Cash for Cars, that the Seller will not at any time share to any third party or use any of 1888 Pay Cash for CarsÃƒÂ¢Ã¢â€šÂ¬Ã¢â€�Â¢s Confidential Information. Confidential Information shall not include:
- information or data that is generally known to the public at the time such information or data is acquired by Affiliate;
- information or data that becomes known to the public through inaction or no action of Affiliate;
- information or data possessed by the Affiliate at the time such information or data is acquired by Affiliate; or
- information independently developed by Affiliate without reference to or use of any Confidential Information.
For purposes of this Agreement, the term “Company IP” shall mean: (a) All types of inventions, patentable or unpatentable, whether or not reduced to practice, all improvements to inventions, and all patents, patent applications, and patent disclosures filed in any jurisdiction, together with all continuations, divisional, extensions, reissuances, continuations-in-part, reexaminations, and revisions thereof;
All trademarks, trade dress, design marks, and service marks, including all goodwill in connection therewith, and all registrations, renewals, and applications, in connection therewith;
All copyrights and copyrightable works subsisting under the laws of any jurisdiction and all registrations, renewals, and applications, in connection therewith; and
All trade secrets (including without limitation to business and marketing plans and proposals compositions, customer and supplier lists, designs, ideas, know-how, research and development, formulas, techniques, manufacturing and production processes, technical data, drawings, specifications, and pricing and cost information).
INFORMATION COLLECTION, USE, AND SHARING
1888 Pay Cash for Cars may ask for personal information in order for us to provide our services. This information will not be shared, sold or rented with anyone that is not directly involved in providing the services we offer. You understand and consent that by submitting information, we can share the said information with business partners who are needed to process and complete your request. These partners may contact your referrals by email, mail or phone based on the infomration you submitted even if these referrals have opted into the National Do Not Call List administered by the Federal Trade Commission, the Do Not Call List of an internal company, or any stateÃƒÂ¢Ã¢â€šÂ¬Ã¢â€�Â¢s equivalent of the Do Not Call List. These business partners may keep the information you submitted to 1888 Pay Cash for Cars, regardless of whether you use their services or not.
1888 Pay Cash for Cars, 1888 Pay Cash for Cars.com, and its logo are registered trademarks of 1888 Pay Cash for Cars, Inc.
We take the necessary measures to protect your personal information from any unauthorized access or alteration.
Sensitive information that we collect is encrypted in a secure manner. The computers where your personally identifiable information are stored are kept in a secure environment.
If any provision of this Agreement is invalid or unenforceable, this shall not affect any other provisionÃƒÂ¢Ã¢â€šÂ¬Ã¢â€�Â¢s validity or enforceability.
We reserve the right to terminate your account and remove any content posted or submitted by you at any time and for any reason. You agree that we may take any one or more of these actions without prior notice. We also reserve the right to immediately deactivate and/or delete any or all information in your account, including any submitted content or registered infomration. You understand and agree that we are not liable to you or anyone else if your account is terminated or if you are denied access and/or your account information is removed.
If it is exposed that you willfully and intentionally violated any of our rules or manipulated the Website, any part of the sale process, or any communications, we have the right to pursue damages against you in any method or venue we find appropriate.
This Agreement constitutes the entire agreement between you and 1888 Pay Cash for Cars. Only a written amendment signed by an authorized representative of us or modifed version posted by us can change this agreement. This Agreement and any access to or use of the Website will be governed by the laws of Florida, excluding its conflict of law provisions and except to the extent applicable law, if any, provides otherwise. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), disputes arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator who is appointed in accordance with the said Rules. The arbitration will be in the English language and shall take place in Miami Florida. Any court of competent jurisdiction may enforce the arbitral decision.
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