Effective Date: August 28, 2025
Welcome to the Sell My Auto USA LLC website, sellmyautousa.com (the "Site"). These Terms of Service ("Terms") are a legal agreement between you ("User," "you," or "your") and Sell My Auto USA LLC ("we," "us," or "our"). These Terms govern your access to and use of our Site and the services provided. By using our Site, you are entering into a binding agreement and acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site.
1. The Sell My Auto USA LLC Marketplace
Sell My Auto USA LLC operates sellmyautousa.com as a digital marketplace only. We provide a platform for sellers to list vehicles and for buyers to view those listings. We are not a party to any transaction. We do not own, buy, or sell any vehicles listed on the Site.
No Brokering: We do not act as a broker, agent, or representative for any buyer or seller.
No Verification: We do not verify the accuracy, legality, or authenticity of any listing. We do not inspect vehicles or verify vehicle features, condition, or ownership.
No Transaction Services: We do not handle, process, or guarantee payments, funds, or the exchange of titles. All transactions, negotiations, and payments are the sole responsibility of the buyer and seller.
2. Your Responsibility and Assumption of Risk
You are solely responsible for your interactions on the Site and for any transactions you enter into. You acknowledge and accept that there are inherent risks in dealing with other users online and in person. We are not responsible for the conduct of any user, and we have no obligation to monitor user behavior or listings.
You agree to:
Exercise Due Diligence: You must conduct your own research and verification. As a buyer, you must independently verify all vehicle information, including features, history, and condition, before purchasing. You are strongly advised to obtain a third-party vehicle history report (such as CARFAX or AutoCheck) and to have the vehicle inspected by a qualified mechanic before making a purchase.
Assume All Risks: You assume all risks associated with using the Site and interacting with other users, both online and offline.
Ensure Your Safety: You are solely responsible for taking all necessary precautions to ensure your safety and security in all interactions and transactions.
3. Content and Intellectual Property
Your Content: By uploading photos, videos, or descriptions to the Site ("Your Content"), you represent and warrant that you own all rights to Your Content or have the necessary permissions to grant the licenses described in these Terms.
Grant of License: You grant Sell My Auto USA LLC a perpetual, non-exclusive, royalty-free, worldwide, irrevocable, and sublicensable license to use, reproduce, distribute, and publicly display and create derivative works from Your Content for any purpose, including for marketing, promotional, and commercial purposes.
Prohibited Content: You are strictly prohibited from uploading any stolen vehicles or content that is fraudulent, deceptive, harassing, defamatory, or that contains hate speech, discriminatory language, or illegal material. We have the right to remove any content we deem to be in violation of these Terms at our sole discretion.
Intellectual Property Infringement: We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and take appropriate action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. We are not liable for any infringement committed by our users. If you believe your copyright or trademark has been infringed by a user on our Site, you must follow our notice and takedown procedure as outlined in Section 9.
4. No Refunds and Forfeiture
All listing fees are non-refundable. This includes, but is not limited to, situations where:
You voluntarily remove your listing.
Your listing is removed by us due to a violation of these Terms, including the uploading of prohibited content or any other unauthorized use of the Site.
Your account is suspended or terminated.
5. Disclaimers and Limitation of Liability
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Marketplace Disclaimer: You acknowledge that all vehicles are listed by private parties. All transactions for vehicles listed on our Site are made on an "as-is, where-is" basis, with all faults, and without any warranty, express or implied, from the seller or from Sell My Auto USA LLC. We do not make any representations or warranties regarding the accuracy, legality, or condition of any vehicle listed. We are not liable for any fraudulent activity, scams, misrepresentation, or disputes between users, including but not limited to, those resulting from illegal activities such as "curbstoning" or unlicensed sales.
Limitation of Liability: To the fullest extent permitted by law, Sell My Auto USA LLC and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Site or any transaction, regardless of the cause of action.
6. Indemnification and Hold Harmless
You agree to indemnify, defend, and hold harmless Sell My Auto USA LLC and our officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.
7. Service Availability and Data Security
No Guarantee of Uptime: The Site and all services are provided on an "as-is" and "as-available" basis. We do not guarantee that the Site will be uninterrupted, error-free, or free from service interruptions or downtime. We are not liable for any losses or damages, including but not limited to, lost sales or business opportunities, resulting from the temporary or permanent unavailability of the Site.
Force Majeure: We shall not be liable for any delay or failure in the performance of our obligations under these Terms caused by events beyond our reasonable control, including but not limited to, acts of God, war, terrorism, government restrictions, power outages, and third-party service provider failures.
Data Security and Assumption of Risk: We implement reasonable technical and organizational safeguards to protect your data. However, you acknowledge and accept that no data transmission over the internet or method of electronic storage is 100% secure. You assume the inherent risk of data breaches, unauthorized access, and other security incidents that may occur despite our security measures. To the fullest extent permitted by law, Sell My Auto USA LLC will not be liable for any claims, losses, or damages, including but not limited to, identity theft, financial losses, or reputational harm, arising from any data breach or security incident.
8. User Conduct and Prohibited Activities
Compliance with Laws: You agree to use the Site only for lawful purposes. You represent and warrant that all information you provide, including vehicle information and your identity, is true and accurate. You agree not to use the Site to engage in any illegal activities, including but not limited to, fraudulent sales, unlicensed dealing ("curbstoning"), or any activity that violates state or federal consumer protection laws. We reserve the right to report any illegal activity to the appropriate authorities.
9. DMCA Notice and Takedown Procedure
If you believe that your intellectual property rights have been infringed by a user on our Site, you may submit a DMCA notice to our Designated Copyright Agent at the email address provided in the Contact Us section below.
Elements of a DMCA Notice: A valid notice must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and its location on our Site; (4) your contact information (name, address, telephone number, and email address); (5) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner; and (6) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Counter-Notice: If your content is removed, you may submit a counter-notice to our Designated Agent.
Repeat Infringers: We will terminate the accounts of users who are determined to be repeat infringers of copyright or other intellectual property rights.
10. General Provisions
Governing Law and Jurisdiction: These Terms are governed by the laws of the State of Delaware. All disputes will be resolved exclusively in the state or federal courts located in Delaware.
Binding Arbitration: We reserve the right to require binding arbitration for any dispute, to the fullest extent permitted by law. By agreeing to these Terms, you waive your right to a jury trial and your right to participate in a class action lawsuit.
User Disputes: You agree that we are under no obligation to mediate or get involved in any disputes between you and other users of the Site.
Cooperation with Law Enforcement: We will cooperate with law enforcement and regulatory authorities and will provide them with any information we have regarding a user or a listing if legally required to do so.
Severability: If any provision of these Terms is deemed invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.
Updates to Terms: We may update these Terms at any time by posting a revised version on the Site. Your continued use of the Site after the effective date of the revised Terms constitutes your acceptance of the changes.
