TERMS AND CONDITIONS
By accessing this website, you are agreeing to abide by the following Terms and Conditions, which govern all use of the Junk my Car website, and the services available through the www.junkmycar.com website. Take a few minutes to read this agreement before accessing or using the website. If you don’t agree with any of these terms, you may not use or access this site.
JUNK MY CAR
Junk my Car connects junk car Sellers and Buyers; we do not directly buy or sell cars, nor do we provide salvage or towing services. Junk my Car has no direct control over the quality, safety, or legal aspect of the sale.
RELEASE OF LIABILITY
You release Junk my Car, LLC, its agents, and employees from all claims, demands, and damages (actual and consequential) of any kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with sale logistics carried out by our partners.
The materials on Junk my Car's website are provided "as is". Junk my Car makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Junk my Car does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that (I) your use of the website will be in accordance with this agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (II) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
You are responsible for any information you provide . You represent and warrant that your personal information is true, legal, accurate, and non-fraudulent. Information may not contain any viruses or other malware that may damage or interfere with our website.Furthermore, you may not accept an Offer on any vehicle that could cause us to violate any applicable law, statute, ordinance, or regulation or that violates our Prohibited Items terms. You authorize Junk my Car to use the information you supply to us in connection with our services and in accordance with these Terms.
You understand and agree that by submitting information, we will share the provided information with certain business partners to process and fulfill your request for service. You further agree that we and our business partners may contact your referrals by telephone, SMS, email, or mail based on the information you have provided to us even if your referrals have opted into the National Do Not Call List administered by the Federal Trade Commission, any state’s equivalent of the Do Not Call List, or the Do Not Call List of an internal company. You understand that business partners may maintain the information you submitted to us whether you elect to use their services or not. You agree to the recording of calls to you from us or from you to us for quality and training purposes.
You will not solicit employment or hire our employees of whom you become aware through the performance of this agreement. Moreover, you shall not otherwise interfere with any of our other business relationships.
As a result of the performance of this Agreement and, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business. You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Any disclosure of our information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law.
Seller acknowledges that, during the course of business, Seller will be exposed to and obtain certain proprietary information of Junk my Car, including, without limitation, its systems, and information relating to its business affairs, property, methods of operation, Company IP (as hereinafter defined) or other data, and any such information given to Junk my Car by its customers (collectively the "Confidential Information"). Seller agrees that, except as otherwise agreed to in writing by Junk my Car, Seller will not at any time disclose to any third party or use any of the Confidential Information provided. However, the term Confidential Information shall not include:
(a) information that is generally known to the public at the time such information is obtained by Affiliate;
(b) information that becomes known to the public through no action or inaction of Affiliate;
(c) information that is already in the possession of Affiliate at the time such information is obtained by Affiliate; or
(d) information that is 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 inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions, and reexaminations thereof;
(b) All trademarks, service marks, trade dress, and design marks, including all goodwill associated therewith, and all applications, registrations, and renewals in connection therewith;
(c) All copyrightable works and all copyrights subsisting under the laws of any jurisdiction and all application, registrations, and renewals in connection therewith; and
(d) All trade secrets (including without limitation ideas, research, and development, know-how, formulas, compositions, manufacturing and production processes, and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals).
INFORMATION COLLECTION, USE, AND SHARING
To provide our service, we require some personal information, in no way will we sell, share, or rent your information with any outside company that is not involved in the sale process.
Junk my Car, junkmycar.com, and its logo are registered trademarks of Junk my Car, LLC. The use of any other trademark is not authorized by, sponsored by, or associated with the trademark owner and is for purposes of description and identification only.
We will protect personal information by reasonable security safeguards against loss, theft, unauthorized access, disclosure, copying, or modification.
You hereby agree to indemnify, defend, and hold harmless Junk my Car and Junk my Car's subsidiaries, affiliates, officers, employees, and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by Junk my Car in any action or proceeding between Junk my Car and an affiliate or between any third party and Junk my Car or otherwise) from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your breach of the Representations and Warranties made herein and any other violation of this Agreement and/or any action or relating to this Agreement.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
We may terminate your account and discard/remove any content posted or submitted by you, for any reason. You understand that we can take these action without giving you notice. In the event that we choose to take any of these actions, we may immediately deactivate and/or delete any or all information about/concerning your account. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account.
If it comes to our attention that you intentionally violated any of our rules or manipulated the website, sale process, or communications, we may pursue damages against you in any forum we presume appropriate.
This Agreement constitutes the entire agreement between you and Junk my Car concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of us or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of New York, excluding its conflict of law provisions. 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), any dispute 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 appointed in accordance with such Rules. The arbitration shall take place in New York, NY in the English language, and the arbitral decision may be enforced in any court of competent jurisdiction. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions about these Terms and Conditions, you may contact us at firstname.lastname@example.org.