Effective Date: May 2, 2013
Private Seller Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These Terms of Sale apply to online advertising services for private sellers offered through AutoTrader.com's AutoTrader Classics "Sell Your Car" service and/or the Deals on Wheels "Sell It!" service (collectively, the "Services").
By using the Services in any way, including by placing an order for any ad to be displayed on either Service, you accept and are bound by these Terms of Sale. You also agree that your purchase of any ad and your use of the Services is subject to the Visitor Agreement(s) and Privacy Statement(s) of the site(s) you are using. The AutoTrader Classics Visitor Agreement can be viewed by clicking here, and the Privacy Statement can be viewed by clicking here. The Deals on Wheels Visitor Agreement can be viewed by clicking here, and the Privacy Statement can be viewed by clicking here.
We may update these Terms of Sale (and the Visitor Agreements and Privacy Statements) at any time, and we will post any such changes on this website, but any such changes will not apply to a dispute arising prior to the date such changes are posted on this site. Your continued use of the Services after the effective date of these changes constitutes your agreement to be bound by the new version of these Terms of Sale. If you do not wish to be bound by these Terms of Sale, you should not place an order for an ad through the Services.
1.1 The Services are available only to private sellers who want to list their personally-owned vehicle(s) for sale. In these Terms of Sale, the word "vehicle" may mean a car, truck, cycle or RV.
1.2 You may not list more than five (5) total vehicles at any given time on all of the Services combined. Individuals who seek to list more than five (5) vehicles on the Services simultaneously, as well as all dealers, brokers, businesses or persons otherwise engaged in the commercial sale of vehicles or in offering vehicles for sale as a paid service to a seller or a title holder, must make other arrangements with us and our affiliates to place such ads. Please visit www.classicsdrivesresults.com to find out more about listing and advertising opportunities on Deals on Wheels and/or AutoTrader Classics or about affiliated products and services.
1.3 By using the Services, you represent that (a) you are at least eighteen (18) years old, (b) you are not a motor vehicle dealer, broker, business or person otherwise engaged in the commercial sale of vehicles, (c) you are not offering vehicles for sale as a paid service to a seller or title holder of a vehicle, and 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, (d) you are not acting as a broker or agent for a private seller that placed an ad through the Services, and (e) neither you nor anyone acting on your behalf will list more than five (5) vehicles for sale simultaneously through the Services.
1.4 AutoTrader.com and our affiliates reserve the right to deny use of the Services (and our other online and offline products and services) to anyone who does not comply with these Terms of Sale or who otherwise uses the Services or other online or offline products or services in a manner we consider inappropriate.
2. Using the Services
2.1 When you offer a vehicle for sale through the Services, 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.
2.2 To list a vehicle for sale through the Services, 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.
2.3 You agree that we may use personally identifying information that we collect from you for security purposes, to contact you about your listing, or for marketing and other promotional purposes, including soliciting you to purchase advertising services. By using the Services, you agree to be contacted by us or our affiliates about your ad(s), or for marketing and other promotional purposes via any of the contact information that you supply. By supplying a mobile number, you consent to receive calls or texts, whether manually or automatically dialed, from us and our affiliates at that number. You do not have to provide us with a mobile number as a condition of purchasing any services. We may also share contact information you provide with companies that advertise with us.
2.4 You may not charge any potential buyer for information about any vehicle listed through the Services, nor may you use the Services or Deals on Wheels or AutoTrader Classics websites to promote any other website, product or service without our prior written permission. Any rights and obligations you maintain under these Terms of Sale to access and use the Services 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.
2.5 Any ad placed through the Services may not be used to advertise more than one (1) vehicle, regardless of the type of advertising package you select or the duration of the ad's publication. For this reason, you may not edit the Year, Make, Model and VIN fields once you create 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 us using the information set forth in Section 8, below.
2.6 Responsibility for the information contained in your ad lies with you, the seller. You alone are responsible for all content that you post or provide to us (either verbally or in writing/electronically) for display through the Services.
3. Quality Assurance
3.1 Though we cannot monitor every transaction that originates on or takes place through the Services, we may perform quality assurance tests to confirm that sellers who offer vehicles for sale through the Services are prepared to sell the vehicles they advertise at the prices at which, and the terms on which, they advertise them. By using the Services, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating these Terms of Sale or the applicable Visitor Agreement (including, for example, by engaging in "bait and switch" or other advertising practices that we deem unfair or misleading), AutoTrader.com and our affiliates reserve the right to deny you use of the Services and any other services we may offer.
3.2 Any photos in your ad must correspond to the actual vehicle you are offering in that ad. If, as part of our quality assurance testing, we encounter a photo that we believe does not accurately represent the actual vehicle you are offering in the ad, we may immediately remove such photo and/or your ad. If you believe your photo or your ad was removed in error, please contact the applicable site using the information set forth in Section 8, below.
3.3 In connection with our efforts to combat fraud, some ads may be screened before being posted publicly. This process may delay the display of your ad(s) for up to 24 hours from the time we accept your ad(s). If your ad does not appear on DealsonWheels.com or AutoTraderClassics.com after 24 hours, you should contact one of our customer service representatives for the applicable site at the telephone numbers in Section 2.4, above.
3.4 Although we cannot monitor all the ads processed through the Services, we and our affiliates 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.
3.5 You agree not to post or transmit through the Services 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 the Services, the Deals on Wheels or AutoTrader Classics websites or associated platforms, or any of our other affiliated products and services.
3.6 Except as otherwise provided under these Terms of Sale, we will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor and, if required, release information concerning such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce these Terms of Sale or a Visitor Agreement, or to protect the rights, property or safety of visitors to our websites, other users of the Services, our advertisers, the public, AutoTrader Classics, Deals on Wheels, or our affiliates. Notwithstanding the foregoing, AutoTrader.com takes no responsibility and assumes no liability for any content you or any third party posts or causes to be displayed through the Services.
4. Fees, Payments and Refunds, Premiums, Promotions, and Free Services
4.1 By placing an ad through the Services, 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 Services. We reserve the right at any time to offer any Service at a discount or to provide premiums and promotions as incentives, up to and including free ad placement services.
4.2 Should we elect to offer any advertising services to our customers at no charge, we may, in our sole discretion, limit that offer to specific markets, to a limited number of advertisers, or for a limited period of time. When you take advantage of one of our offers to list a vehicle for sale for free, you will still be asked for information about the vehicle you are selling and how you can be contacted by potential buyers, and we may also ask you for other personally identifying information for the purposes described in subsection 2.3.
4.3 You must use care when selecting your ad package and inputting your ad information; fees paid for the Services are generally not refundable, even if you provide erroneous information or fail to sell your vehicle.
4.4 Except as provided under Section 4.5, below, AutoTrader.com and its affiliates will not provide any refund for any reason. However, we may provide reasonable assistance to you to help you correct certain mistakes made by you in placing your ad (for example, Year, Make, Model, or VIN). To make such corrections to your ad listing, please contact the applicable service using the contact information listed in Section 8, below.
4.5 We will provide you a refund or credit only as described in subsections 4.5.1 and 4.5.2, below:
4.5.1 You agree that we may take 24 hours or more from the time we accept your order for your ad(s) to be published on DealsonWheels.com or AutoTraderClassics.com, due in part to our anti-fraud filtering process. If we have not published your ad within 72 hours after accepting your order, you may be entitled to a refund or credit. In that case, you must immediately request a refund or credit by calling the applicable Service using the appropriate telephone number listed in Section 8, below. ET).
4.5.2 You may be entitled to a refund or credit if you mistakenly order and pay for duplicate ads 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 are not entitled to a refund or credit if you place an ad on any of the Services through a third party source (for example, newspapers or third party websites) and you also place a similar or identical ad directly with one of the Services. 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.
4.6 We will not provide a refund or credit for any reason other than as described in subsections 4.5.1 through 4.5.2, above, even if you contact us before we publish your ad or promptly afterwards. For example, we cannot provide you a refund or credit if you change your mind about publishing your ad, its content or about 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 Services. No refund or credit will be issued if you sell your vehicle through means other than the Services, or if you do not sell your vehicle at all.
4.7 While we will not provide a refund or credit in cases where we have made mistakes in the connection with the publication of your ad(s), we will use reasonable efforts to correct these mistakes if you contact Deals on Wheels or AutoTrader Classics within the first 72 hours from the time we accept your order for an ad.
4.8 If you make a mistake while submitting an ad through any of the Services, 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 any Service, including DealsonWheels.com and AutoTraderClassics.com, was purchased through a third party source such as a 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. Ads with the "Run 'til It Sells" Feature
5.1 Subject to these Terms of Sale, ads purchased through a Service that includes a "Run 'til It Sells" feature may not appear for a period greater than 365 days in the aggregate.
5.2 In all cases, your right to publish each "Run 'til It Sells" ad will expire, and such ad will be removed from the Services, on the 365th day from the date you placed your original order for such ad. To extend the publication of a "Run 'til It Sells" ad beyond its 365-day lifespan, you must contact us. We may require that you provide additional information about your vehicle in order determine whether an extension will be granted.
6. AutoTrader.com Disclaimer of Warranties and Limitation of Liability
6.1 IF YOU RELY ON THE SERVICES, OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE DEALSONWHEELS.COM OR AUTOTRADERCLASSICS.COM WEBSITES OR OFFERED IN RELATION TO YOUR USE OF THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE SERVICES AND THE INFORMATION PUBLISHED ON OR PROMOTED THROUGH OUR WEBSITES, THE SERVICES AND THROUGH AFFILIATED PRODUCTS OR SERVICES. THE SERVICES, WEBSITES AND ANY AFFILIATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. AUTOTRADER.COM AND ITS AFFILIATES, AND THEIR RESPECTIVE VENDORS, AGENTS AND LICENSEES, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION AVAILABLE THROUGH THE DEALSONWHEELS.COM OR AUTOTRADERCLASSICS.COM WEBSITES, THE SERVICES OR ANY AFFILIATED PRODUCT OR SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE WEBSITES OR SERVICES). NOR DO WE OR THEY GUARANTEE THAT THE SERVICES OR THE DEALSONWHEELS.COM AND/OR AUTOTRADERCLASSICS.COM WEBSITE OR ANY AFFILIATED PRODUCT, SERVICE OR WEBSITE WILL BE ERROR FREE OR CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2 UNDER NO CIRCUMSTANCES WILL AUTOTRADER.COM AND ITS AFFILIATES, AND THEIR RESPECTIVE VENDORS, AGENTS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY AFFILIATED PRODUCT OR SERVICE ASSOCIATED WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF AUTOTRADER.COM AND ITS AFFILIATES, AND THEIR RESPECTIVE VENDORS, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES OR ANY AFFILIATED PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SERVICES. 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.
7. Private Seller Representations and Warranties and Indemnification
7.2 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AUTOTRADER.COM AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSEES AND VENDORS, AND THE EMPLOYEES AND OWNERS OF ANY OF THESE, AGAINST ANY AND ALL LOSSES INCURRED BY THEM IN CONNECTION WITH (X) ANY BREACH OR ALLEGED BREACH OF THE ABOVE REPRESENTATIONS AND WARRANTIES, (Y) ANY OF YOUR ADVERTISEMENTS OR INFORMATION CONTAINED WITHIN YOUR ADVERTISEMENTS, OR (Z) ANY OTHER USE YOU MAKE OF THE SERVICES.
8. Contact Information
8.1 If you have questions about your ad or your use of our Services, or need to contact us for any of the reasons set forth in these Terms of Sale, please use the following contact information:
Deals on Wheels: 1-877-210-5167 (Monday - Friday, 8 a.m. - 8 p.m. and Saturday 9 a.m. - 7 p.m. ET)
AutoTrader Classics: 1-899-415-5011 (Monday - Friday, 8 a.m. - 8 p.m. and Saturday 9 a.m. - 7 p.m. ET
9.1 These Terms of Sale are made in, and will be construed in accordance with the laws of, the State of Georgia, without regard to its choice of laws rules. By using the Services, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia for all disputes arising out of or relating to these Terms of Sale or the use of the Services.
9.2 These Terms of Sale, together with the Visitor Agreements and Privacy Statements on AutoTraderClassics.com or DealsonWheels.com, as applicable, or on any affiliated website or platform on which your advertisement(s) is published, contain the entire agreement and understanding between you and AutoTrader.com regarding the subject matter hereof, and supersede all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.