Introduction
This website is operated by Amacar LLC (“Amacar,” “we,” “us,” or “our”). The terms “we,” “us,” and “our” refer to Amacar LLC. The use of our website is subject to the following Terms of Use (“Terms”), as amended from time to time. These Terms are governed by applicable laws, including but not limited to the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Act (COPPA), Federal Trade Commission (FTC) Act, and other relevant state, federal, and international laws.
The Terms are to be read together with any terms, conditions, or disclaimers provided in the pages of our website. Please review the Terms carefully. These Terms apply to all users of our website, including, without limitation, browsers, customers, merchants, vendors, and contributors of content. By accessing and using this website, you accept and agree to comply with the Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you are not authorized to access our website, use any of our services, or place an order on our website.
Use of Our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including, without limitation, in violation of any intellectual property, privacy, or consumer protection laws. By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and legally capable of entering into a binding contract.
You agree not to use our website to conduct any activity that would constitute a civil or criminal offense or violate any law, including but not limited to the Computer Fraud and Abuse Act (CFAA) and relevant anti-spam laws, such as the CAN-SPAM Act. You also agree not to attempt to interfere with our website’s network or security features or gain unauthorized access to our systems.
You agree to provide accurate personal information, such as your email address, mailing address, and other contact details, to complete transactions or contact you as needed. You agree to promptly update your account information. By providing this information, you authorize us to collect and use it in accordance with our Privacy Policy and applicable laws such as the CCPA and GDPR.
Ownership of Content
a. Intellectual Property Rights
Amacar LLC owns all intellectual property rights to the Website’s design, layout, logos, proprietary technology, and other features. All content provided on the Website, including text, images, graphics, videos, and software, is protected by copyright, trademark, and other intellectual property laws.
b. User-Generated Content
Users who upload content to the Website, including vehicle listings, descriptions, and images, retain ownership of their content. By submitting content to the Website, you grant Amacar a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, display, distribute, and modify your content in connection with providing and promoting our services.
c. Copyright Protection
Content such as vehicle images, descriptions, videos, and Website code is protected under applicable copyright laws. Unauthorized use of this content, including copying or redistributing it for purposes unrelated to Amacar’s platform, is prohibited and may result in legal action.
d. Trademarks
The trademarks, logos, and service marks displayed on the Website, including “Amacar,” are owned by Amacar LLC. Users are prohibited from using these trademarks without prior written permission. Unauthorized use may result in legal action.
General Conditions
We reserve the right to refuse service to anyone at any time, for any reason. We reserve the right to modify the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time without notice. We may impose additional rules or limits on the use of our website. By continuing to access or use our website, you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through the website.
Products or Services
Amacar operates an online vehicle appraisal and auction platform that connects individual vehicle sellers (“Users”) with verified dealerships (“Dealers”). Users can list their vehicles for auction, and Dealers have the opportunity to bid on those vehicles. If the User accepts the highest bid, the sale of the vehicle is facilitated directly between the User and the Dealer.
Amacar’s role is strictly limited to providing the online appraisal and auction platform. Amacar does not participate in, mediate, or have any involvement in the final transaction or agreements between the User and the Dealer, including but not limited to price negotiation, payment terms, transfer of ownership, or any disputes arising from the sale. All final transactions and agreements are solely between the User and the Dealer.
Additional Terms
- All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or restrict access to our services for any person, household, geographic region, or jurisdiction.
- Prices for our services are subject to change without notice. Unless otherwise stated, prices displayed on our website are in U.S. dollars.
- We reserve the right to refuse services, including those that appear to be fraudulent or misused. If we suspect any fraudulent activity, we are entitled to cancel the related account or service request and notify the relevant authorities in compliance with applicable laws such as the FTC Act.
User Rights and Responsibilities
a. Account Creation and Use
To access certain features of the Platform, Users must create an account by providing accurate information (name, email, contact details, vehicle details, etc.). Users are responsible for maintaining the confidentiality of their login credentials and agree to notify Amacar immediately of any unauthorized use.
b. Prohibited Actions
- Upload personal documents (such as driver’s license, insurance, registration, etc.) or any content not directly related to the vehicle auction process.
- Provide false or misleading information regarding the vehicle’s condition, VIN#, or any other details to manipulate auction bids.
- Attempt to tamper with, hack, or exploit the Platform for unfair advantage, including using bots or other automated tools.
- Engage in “fake bidding,” where no genuine intent to purchase exists, or manipulate bidding behavior.
Links to Third-Party Websites
Links to third-party websites from our website are provided for convenience only. We do not review, endorse, approve, or control these external sites, their content, or the third parties named therein. Accessing linked websites is at your own risk. We are not responsible for any damages or issues that may arise from using third-party websites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
User-Generated Content
You acknowledge that you are responsible for any content, including profiles, opinions, messages, and comments (“Content”), that you post, distribute, or share through our website. You warrant that you own or have the necessary rights to the Content you provide and that it does not violate any laws or third-party rights, including intellectual property laws governed by the Digital Millennium Copyright Act (DMCA).
By submitting Content, you grant us a perpetual, royalty-free, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, and distribute such Content in connection with our website and services. We are under no obligation to maintain Content in confidence, compensate you for it, or respond to it.
We reserve the right to remove any Content that we deem unlawful, offensive, or in violation of these Terms. You consent to such removal and waive any claims related to the removal of your Content.
Your Personal Information
Your submission of personal information through our website is governed by our Privacy Policy. Please review it to understand how we collect, use, and share your information in compliance with applicable laws such as the CCPA, GDPR, and COPPA.
Errors and Omissions
Our website may contain typographical errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information at any time without prior notice. Such corrections may apply to pricing, availability, promotions, or descriptions. We also reserve the right to cancel or refuse any orders based on incorrect information, as permitted under relevant consumer protection laws.
Disclaimer and Limitation of Liability
Our website is provided “as is” without warranties, representations, or conditions of any kind, either express or implied. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the website will be error-free, uninterrupted, or secure. Use of the website is at your sole risk. We are not responsible for any damages, including indirect or incidental damages, arising from your use of our website.
In jurisdictions that do not allow the exclusion of certain warranties or limitations of liability, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold harmless Amacar LLC and its affiliates, directors, officers, employees, and agents from any claims, damages, or expenses arising out of your use of the website, your violation of these Terms, or your violation of any rights of a third party, including but not limited to intellectual property or privacy rights.
Arbitration and Dispute Resolution
a. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, or any transaction or interaction with dealers (collectively, “Disputes”) will be resolved exclusively through binding arbitration between you and the dealers, rather than in court, except as otherwise provided below. This includes, but is not limited to, Disputes arising out of or relating to contract, tort, statutory claims, or any other legal theory. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement.
b. Arbitration Procedures
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will take place in the county where you reside, or another mutually agreed location, and will be conducted in English. The arbitrator’s decision will be binding and final, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.
c. Class Action Waiver
You and the dealers agree that any Disputes will be resolved on an individual basis and not as part of a class, consolidated, or representative action. The arbitrator may not consolidate claims of more than one party or otherwise preside over any form of a representative or class proceeding.
d. Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent or address infringement or other misuse of intellectual property rights. Additionally, claims that qualify for small claims court may be brought in such court on an individual basis.
e. Costs of Arbitration
Each party will bear its own costs and attorneys’ fees unless the arbitrator determines that the prevailing party is entitled to recover such costs and fees under applicable law.
f. Opt-Out Procedure
You may opt out of this arbitration agreement by providing written notice to us at info@amacar.ai within 30 days of your first acceptance of these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
Governing Law
These Terms are governed by the laws of the State of California without regard to its conflict of law provisions, as well as applicable federal laws. Any disputes arising out of or relating to these Terms will be resolved exclusively in the courts located in California, except as otherwise required by arbitration.
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Amacar LLC regarding your use of the website and supersede any prior agreements.
Questions or Concerns
If you have any questions or concerns about these Terms, please contact us at:
Amacar LLC
Email: info@amacar.ai
