PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY
These Terms of Sale apply to your purchase of online ads that are offered through
UnitedCarExchange.com and its' affiliated websites' "sell your vehicle", "sell your
car" or similar services. By placing an order for any ad appearing through the Sell
Your Car or similar service, you accept and are bound by these terms and conditions.
If you do not wish to be bound by these terms and conditions, you should not place
an order for an ad through this service.
1. General Rules
Sell Your Car ads are available only to private sellers who want to list
their personally owned vehicle(s) for sale. UnitedCarExchange.com and its affiliates
reserve the right (but assume no obligation) to delete, move, or edit (without refund)
any ads or posting(s) that come to our attention that we consider unacceptable or
inappropriate, whether for legal or other reasons.
You may not list more than five (5) vehicles simultaneously through the
Sell Your Car service. Individuals who seek to list more than five (5) vehicles
on the UnitedCarExchange.com website simultaneously, as well as all dealers, brokers,
businesses or persons otherwise engaged in the commercial sale of vehicles or offering
vehicles for sale as a paid service to a seller or title holder, must make other
arrangements with us and our affiliates to place such commercial ads. Please visit
our UnitedCarExchange.com Dealer page to find out more about dealer listings and
advertising opportunities on UnitedCarExchange.com and our affiliated products and
By using the Sell Your Car service, you represent that you are at least
eighteen (18) years old. You also represent that you are not a motor vehicle dealer,
broker, business or person otherwise engaged in the commercial sale of vehicles.
You further represent that you are not offering vehicles for sale as a paid service
to a seller or title holder of a vehicle, and that you are not listing a vehicle
for sale in your capacity as an employee or representative of a dealer, broker,
business or person otherwise engaged in the commercial sale of vehicles. Likewise,
you represent that you are not acting as a broker or agent for a private seller
that placed an ad through the Sell Your Car service. Additionally, you represent
that neither you nor anyone acting on your behalf will list more than five (5) vehicles
for sale simultaneously through the Sell Your Car service.
UnitedCarExchange.com and its affiliates reserve the right to deny use
of their respective online and offline products and services, which includes this
website, to anyone who does not comply with these Terms of Sale or who otherwise
use such online and/or offline products or services, including this website, in
a manner we consider inappropriate.
Our used car listings include vehicles that have been "certified"
as meeting certain standards established by manufacturers and/or dealers in connection
with their pre-owned vehicle programs. Ads purchased by private sellers through
the Sell Your Car service will not appear in any "certified" area of our
website or any similar area within our affiliated products and services. Our
"certified" ads apply only to vehicles certified by the automobile manufacturers
and/or dealers with which we have partnerships.
2.Using the "Sell Your Car" Service
When you offer a vehicle for sale through the Sell Your Car service,
you must be prepared to sell that vehicle at the price at which, and the terms on
which, you've listed it. You must have possession of the actual vehicle listed and
the ability to transfer title.
To list a vehicle for sale through the Sell Your Car service, you are
required to provide certain identifying and contact information. The information
in your ad must accurately identify you and the method of contact must permit buyers
to communicate directly with you; you may not include in your ad the name, telephone
number or email address of any agent, broker or dealer. Only your personal contact
information may appear in your ad.
You may not charge any potential buyer for information about any vehicle
listed for sale on UnitedCarExchange.com, nor may you use our website to promote,
without our prior written permission, any other website, product or service. Any
rights and obligations you maintain under these Terms of Sale to access and use
the Sell Your Car service are personal to you. Consequently, you may not assign
or delegate any such rights or obligations to any third party, which includes agents,
brokers or dealers.
Ad(s) placed through the Sell Your Car service may not be used to advertise
more than one (1) vehicle per ad purchased, regardless of the type of advertising
package you select or the duration of its publication. For this reason, you may
not edit your vehicle's Year, Make, Model and VIN once you purchase your ad. Always
double-check this information before submitting your ad. If you believe you made
an error while submitting your vehicle's Year, Make, Model or VIN, you must promptly
contact UnitedCarExchange.com customer support.
Responsibility for the information contained in your ad lies with you,
the seller. You alone are responsible for material you post online, and for the
content of all text messages transmitted through the online portions of the Sell
Your Car service.
Though we can't monitor every transaction that originates on or takes
place through the Sell Your Car service, we may perform random quality assurance
tests to confirm that those who offer vehicles for sale through the Sell Your Car
service are prepared to sell the vehicles they advertise at the prices at which,
and the terms on which, they advertise them.
Photos submitted as part of any ad placed through the Sell Your Car service
must correspond to the actual vehicle being offering for sale. As part of our random
quality assurance tests, if we encounter a photo that we believe does not accurately
represent the actual vehicle you are offering for sale through the Sell Your Car
service, we maintain the right to immediately remove such photo(s) and/or your corresponding
ad. If you believe your photo(s) and/or your corresponding ad was removed in error,
you must promptly contact one of our customer service representatives.
By using the Sell Your Car service, you agree to cooperate in these random
quality assurance tests. If our tests reveal, or we otherwise learn, that you are
engaging in "bait and switch" or other unfair or deceptive practices,
UnitedCarExchange.com and/or its affiliates reserve the right to deny you use of
the Sell Your Car service.
In connection with our efforts to combat fraud, some ads may be screened
before being posted publicly. This process may delay display of your ad listing(s)
for up to 24 hours from the time we accept your ad. If your ad does not appear on
UnitedCarExchange.com after 24 hours, you must promptly contact one of our customer
Although UnitedCarExchange.com cannot monitor all the ads processed through
the Sell Your Car service, we reserve the right (but assume no obligation) to delete,
move, or edit (without refund) any ads, postings or other electronic communications
that come to our attention that we consider unacceptable or inappropriate, whether
for legal or other reasons.
By placing ads through the Sell Your Car service you agree not to post
or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal
material, or any other material that infringes on the rights of others or interferes
with the ability of others to enjoy UnitedCarExchange.com or our affiliated products
and services. UnitedCarExchange.com and our affiliates retain the right to deny
access to anyone who we believe has violated these Terms of Sale, which includes
our Visitor Agreement.
Except as otherwise provided under these Terms of Sale, which include
our Visitor Agreement, UnitedCarExchange.com and our affiliates will not, in the
ordinary course of business, review the content of private electronic messages that
are not addressed to UnitedCarExchange.com or any of our affiliates. However, UnitedCarExchange.com
and our affiliates may occasionally release information concerning such communications
when release is appropriate to comply with law (including disclosure in response
to a request from a law enforcement agency), to enforce these Terms of Sale, which
includes our Visitor Agreement, or to protect the rights, property or safety of
visitors to our site, our advertisers, our affiliates, the public or UnitedCarExchange.com.
4. Fees, Payments and Refunds. Premiums, Promotions and Free Services
By placing an ad through the Sell Your Car service, you agree to pay
all fees and charges incurred at the rates in effect for the billing period covering
the advertising package(s) you obtain, regardless of whether your vehicle sells
as a result of the ad package(s) you purchase. All fees and charges will be applied
against the form of payment you provide as part of the ad selection process and
you agree to pay such fees and charges. You also agree to pay any applicable taxes
relating to your use of the Sell Your Car service. At its sole discretion, UnitedCarExchange.com
reserves the right at any time to offer the Sell Your Car service at a discount
or to provide premiums and promotions as incentives, up to and including free Sell
Your Car Services
Should UnitedCarExchange.com offer Sell Your Car ads at no charge on
our website and/or via our call center(s), we may, at our sole discretion, offer
these ads nationally, in a limited number of markets, to a limited number of advertisers,
or for a limited period of time. When you list a car for sale using any free Sell
Your Car advertising service that we may offer, you will be asked for information
on the car you are selling and on how you can be contacted by potential buyers.
We may also ask you for other personally identifying information for security purposes.
We may use this information to contact you about your listing, or for marketing
and other promotional purposes, including offers of additional paid ad services.
By placing a free Sell Your Car ad on UnitedCarExchange.com you agree to be contacted
by us about your listing, or for marketing and other promotional purposes, via any
of the contact methods that you supply, including telephone, email and snail mail.
We may also share, or sell, the contact information you provide with companies who
advertise on our website, or who otherwise compensate us for this information, including
vehicle manufacturers. If you do not wish to share your email address or other contact
information with either UnitedCarExchange.com or our advertisers for the purpose
of receiving marketing and promotional offers, you should not use our free Sell
Your Car service.
You must use care when selecting your ad package and inputting your ad
information; listing fees are generally not refundable, even if you provide erroneous
information or fail to sell your vehicle. Since you place the order for "online
only" ads through the Sell Your Car service, UnitedCarExchange.com and its
affiliates cannot be responsible for your ad listing errors and, therefore, we cannot
offer refunds on any fees or charges to list your ad(s).
Except as provided under Section 4.5, below, UnitedCarExchange.com and
its affiliates will not provide any refund for any reason if UnitedCarExchange.com
or one of its affiliates receives the request for refund after your ad is published
on this website. However, UnitedCarExchange.com will reasonably assist you
to correct certain mistakes made by you in placing your ad (for example, Year, Make,
Model, or VIN).
UnitedCarExchange.com will provide you a refund or credit only for the
reasons identified in Subsection 4.5.1 through 4.5.3, below:
You may be entitled to a refund or credit if your ad has not been posted
on this website within the first 72 hours from the time we accept your order for
an ad. In that case, you must immediately contact UnitedCarExchange.com customer
service to request a refund or credit. You may not request, and we will not issue,
a cancellation and refund or credit due to non-publication of your ad within the
first 24 hours, starting from the time we accept your order for an ad, which includes
the time you take to post your vehicle's photo within the Sell Your Car service;
you agree that UnitedCarExchange.com will maintain at least 24 hours to fully process
your entire ad listing through the Sell Your Car service, which includes clearing
your ad listing through the Sell Your Car service's anti-fraud filters
Please note that our office is not open during weekends and statutory holidays;
weekends, evenings, nights and statutory holidays do not count toward the time limits
You may be entitled to a refund or credit if you mistakenly order and
pay for duplicate ads through the Sell Your Car service and seek to cancel and obtain
a refund or credit on the duplicate ad only. You are not entitled and we cannot
provide you a refund or credit on the original ad listing.
You will be entitled to a refund with respect to an ad with the Money-Back
Guarantee feature under the following circumstances: (i) your ad with the
Money-Back Guarantee feature has run on UnitedCarExchange.com for a period of at
least 90 consecutive days from the date UnitedCarExchange.com completed processing
of your ad as described in Section 4.5.1 above; (ii) you fully complete and submit
to us a refund request form, available from the UnitedCarExchange.com website, which
is postmarked 91-105 days after placing the ad; (iii) at the time you submit your
refund request form, the vehicle advertised in your ad with the Money-Back Guarantee
feature is still for sale by you and the title to the vehicle is held by you or
by a lien holder on your behalf; (iv) once we receive your refund request form,
we will review your request to determine, in our sole discretion, whether you have
complied with all terms and conditions; (v) if we determine that you have satisfied
all the terms and conditions, we will refund the profiling fees you paid subject
to a deduction of listing and administrative fee of $100.00. The money will be refunded
using the same method of payment you used to purchase the ad; and (vi) after we
process your refund, your ad will be removed from the UnitedCarExchange.com site.
Except as provided under Subsections 4.5.1 through 4.5.3, above, UnitedCarExchange.com
and its affiliates cannot provide a refund or credit for any other reason, even
if you contact us within 72 hours from the time we accept your order for an ad.
For example, we cannot provide you a refund or credit if you change your mind about
publishing your ad, its content or any enhancements you purchased in relation to
your ad selection. You are not entitled to a refund or credit if you wish to change
to a less expensive ad package. We cannot provide you a refund or credit if you
made mistakes while submitting your ad information or if you fail to receive any
inquiries or offers to purchase your vehicle through the use of the Sell Your Car
service. No refund or credit will be issued if you sold your vehicle through other
means. Likewise, you are not entitled to a refund or credit if you place an ad on
the Sell Your Car service through a third party source (for example, newspapers
or third party websites) and you also place a similar or identical ad directly with
UnitedCarExchange.com. Such ads are not considered "duplicates" and you
will not be entitled to cancel any such ads nor will you be entitled to a refund
or credit of any fees or charges associated with any such ads.
Except as provided under Subsections 4.5.1 through 4.5.3, while UnitedCarExchange.com
and its affiliates cannot provide you a refund or credit in cases where we have
made mistakes in the connection with the publication of your ad(s), UnitedCarExchange.com
will use reasonable efforts to correct any mistakes we might have made in placing
your ad; provided, that you contact UnitedCarExchange.com customer support within
the first 72 hours from the time we accept your order for an ad.
If you make a mistake while submitting an ad through the Sell Your Car
service, we will use reasonable efforts to make corrections (i.e., ads we reasonably
determine are duplicative, or contain erroneous ad information). You may incur an
added charge if you wish to order enhancements to your initial ad order. If your
ad on UnitedCarExchange.com was purchased through a third party source (for example,
a newspaper or third party website), we do not have the authority to make any changes
to your ad and we cannot provide you a credit or refund for such ads.
5.Added Value Services
When you list a vehicle for sale through the Sell Your Car service, we
may obtain additional distribution for your ad listing through our relationships
with other websites. At this time, neither UnitedCarExchange.com nor any website
through which we distribute your listing will charge you any additional fee for
this additional exposure. It's just added value from UnitedCarExchange.com.
6.Ads with "Run 'til It Sells" Feature
Subject to these Terms of Sale, ads which can be purchased through the
Sell Your Car service and which include a "Run 'til It Sells" feature
may not be published or available for publication through the Sell Your Car service
for a period greater than 365 consecutive days in the aggregate.
In all cases, your right to publish each Run'til It Sells ad will expire,
and such ad will be removed from our website and our other affiliated services on
the 365th day from the date you placed your original order for such ad through this
website. To extend the publication of a Run 'til It Sells ad beyond its 365
day lifespan, you must contact UnitedCarExchange.com customer support. UnitedCarExchange.com
and/or its affiliates may require that you provide additional information about
your vehicle in order determine whether an extension will be granted. Additionally,
UnitedCarExchange.com and its affiliates may require that you remit an additional
payment to extend your Run 'til It Sells ad listing beyond its initial 365 day lifespan.
7.Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE
THROUGH THIS WEBSITE, 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, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE AND/OR
THROUGH AFFILIATED PRODUCTS OR SERVICES. THIS WEBSITE AND ANY AFFILIATED PRODUCTS
AND SERVICES ARE PROVIDED TO YOU "AS IS." UnitedCarExchange.com AND ITS
AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE
(OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED
ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE
AND/OR ANY AFFILIATED PRODUCT OR SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE,
OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL UnitedCarExchange.com OR ITS AFFILIATES,
AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT
DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE
ASSOCIATED WITH OR OTHERWISE LINKED TO OR FROM THIS WEBSITE, OR ADVERTISED OR PROMOTED
ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES
OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF UnitedCarExchange.com
AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL
CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE, THE SELL YOUR CAR SERVICE,
AND/OR ANY AFFILIATED PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID,
IF ANY, FOR THE USE OF THE WEBSITE OR THE USE OF THE SELL YOUR CAR SERVICE, OUT
OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS UnitedCarExchange.com, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES,
OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE,
THAT ARISE OUT OF ANY LISTING YOU PLACE OR ATTEMPT TO PLACE THROUGH THE SELL YOUR
These Terms of Sale has been made in, and will be construed in accordance
with the laws of, the State of New Jersey. By accessing this website and/or using
the Sell Your Car service, you consent to the exclusive jurisdiction and venue of
the state and federal courts in Middlesex County, NJ in all disputes arising out
of or relating to these Terms of Sale, the use of this website, which includes the
use of the Sell Your Car service.