Terms and Conditions

Effective Date: Dec, 19, 2024

These Terms and Conditions (“Terms”) are entered into between you and GotJunkCars.com (referred to as “GotJunkCars.com“, “us”, “our” or “we”) and represent a legal agreement between you and GotJunkCars.com. By accessing the website www.gotjunkcars.com (“Website”), you are agreeing to abide by the following Terms, which govern all use of this Website and the services available through Website (“Services”). Please take a few minutes to read this agreement before accessing or using the Website. These Terms, together with any documents they expressly incorporate by reference, including the Privacy Policy, govern your access to and use of the Website and Services. If you do not agree with any of these Terms or do not wish to be bound by these Terms, your only option is to not use or access this Website.

We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms control the relationship between GotJunkCars.com and you. They do not create any third party beneficiary rights. GotJunkCars.com also reserves the right to suspend and/or deny access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

By accepting an offer you agree to become legally bound by these Terms without any modification or reservation whatsoever. If you do not agree to all the terms and conditions of these Terms, then please do not access the Website or use any Services.

About GotJunkCars.com

The GotJunkCars.com mission is to help you sell your vehicle fast.  Through our Site, you can submit information about your vehicle to receive a no-obligation offer. By you entering the required information about your vehicle on the Site, an “As Is” offer will be presented to you based on the information that you provide to Us. Not all vehicles will receive offers due to various factors including, but not limited to, the vehicle’s age or damage. Offers to purchase may be made by Us and these Terms apply to all such offers.

Eligibility Limitations

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering these Services, no solicitation is made by Us to any person to use the Site or Services in jurisdictions where the provision Our Site or Services are prohibited by law. If you are not at least 18 years old, please do not use our Site.

Age and Jurisdiction

This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions only. By using this Website, you represent and warrant that you are of legal age to form a binding contract with GotJunkCars.com and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories, you acknowledge and agree that you use this Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.

The Website is not intended for users under the age of eighteen (18). We do not knowingly collect any personally identifiable information from users under eighteen (18) years of age. Such users are expressly prohibited from submitting any vehicle information or other data on this Website.

Use of Services

The Site allows you to submit information about your vehicle to receive a cash offer from GotJunkCars. Offers are valid for a limited time and can be withdrawn or modified for any reason prior to payment. You can accept an offer by verbally confirming with a representative, via text message, or through any other method provided on the Website. Offers are contingent on the following conditions:

1. You must have a negotiable title in the name of the legal seller at the time of pickup.
2. The vehicle must include all major components as disclosed.
3. The vehicle must not have undisclosed additional damages.

GotJunkCars.com reserves the right to rescind offers and cancel a sale if any of the above conditions are not met. Once payment is made, ownership of the vehicle is transferred to GotJunkCars.com and the sale is considered final.

GotJunkCars.com operates as a facilitator for vehicle purchases and works directly as a Buyer. We provide with logistics and payment processes, GotJunkCars.com is responsible for the safety, condition, or quality of any vehicles handled through the Website, as we directly purchase a vehicle as a Buyer.

You agree that all information you provide about your vehicle must be true, accurate, and complete. Any misrepresentation may result in the cancellation of your offer and any associated services. You are responsible for ensuring that your vehicle does not violate any applicable laws, including restrictions on the sale of vehicles.

GotJunkCars.com reserves the right to use any vehicle information you submit in accordance with our Privacy Policy. All personal information provided must be accurate and solely yours. Misrepresentation, impersonation, or fraudulent activity is strictly prohibited.

Payment Method

Most of the times, We make the payment to the Seller at the time of pick up. If paid by mailed check, ACH, wire transfer, Zelle or any such payment method, the amount due to the Seller will be processed as soon the vehicle is confirmed to be picked up and the condition and documentation have been verified.

Deal With Us In Good Faith

By using our Service, you agree that you are using our Services in good faith, and that you mean to use them only for their intended purposes. You also warrant that you are legally able to sell the car on which you accept an Offer. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements.

Seller’s Representations, Warranties and Covenants

The Seller represents and warrants that all information provided to GotJunkCars.com is accurate and legally true, including, without limitation, the following:

–Accurate Vehicle Location: The address indicated over the phone must match that of the vehicle location when it is picked up;

–Accurate Vehicle Information: VIN or license plate and state of the vehicle indicated at the time of submission must match that of the vehicle that gets picked up;

-Accurate Vehicle Condition;

The following conditions will be verified at the time the vehicle is picked up:

• Whether the vehicle has all of its wheels mounted with tires and their condition.
  • Whether the vehicle has a key and the battery is installed and functioning.
  • Whether the vehicle “starts” if upon turning the ignition, the engine starts normally and idles.
  • Whether the vehicle “drives” if it moves under its own power when placed into gear, is safe to drive, and is free of major mechanical issues.
  • Whether all parts of the vehicle’s engine and transmission are intact and their condition.
  • Whether all parts of the vehicle’s exhaust system are intact and their condition.
  • Whether the vehicle has been used as a taxi.
  • The mileage shown on the odometer or its condition.
  • Whether the vehicle exterior is intact and its condition.
  • Whether the vehicle has body damage.
  • Whether all mirrors, glass, and lights are intact and their condition.
  • Whether the vehicle has any water or fire damage.
  • Whether the vehicle interior is intact and its condition.
  • Accurate Vehicle Ownership: The title documentation submitted for verification of ownership and legal validity must be accurate and valid.

You must clearly and truthfully provide the following information to GotJunkCars.com:

• Whether you have a title and its type.
  • Which state the title is issued in.
  • The owner(s) name shown on the title.
  • Whether there are any outstanding liens.
• If any information about the vehicle provided by the Seller is found to be inaccurate at the time of inspection or if any major vehicle component is missing or removed, even if not specifically mentioned or asked about during the offer process, GotJunkCars.com reserves the right to invalidate the transaction, recalculate the Offer or refuse pick up.
• The Seller acknowledges that they shall, at their own expense, and as GetJunkCars.com may reasonably request, execute all documents, papers, forms and authorizations, and take such other actions as are necessary to effectuate the transfer of ownership of the vehicle. If the Seller refuses to cooperate with GotJunkCars.com, GotJunkCars.com reserves the right to invalidate the transaction and require the Seller to collect the vehicle at their own expense. In the event that the Seller does not collect the vehicle, it may be deemed an abandoned vehicle at the Seller’s risk.

Personal Belongings

Once you have accepted an offer, please remove all belongings from your vehicle. You are solely responsible for any belongings left in your vehicle. We will be responsible for any of your belongings once the vehicle leaves your possession

Restricted Activities

You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality, or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided on the Site or directly to Us shall not:

(a) be false, inaccurate, or misleading;

(b) fraudulent;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and

(g) create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider or other suppliers.

Access and Interference You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that We, in our sole discretion, believe imposes an unreasonably large load on Our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission from Us and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures We may use to prevent or restrict access to the Site.

Privacy

We only use your information as described in our Privacy Policy and these Terms. Our current Privacy Policy is available at https://www.gotjunkcars/privacy-policy/. We encourage you to check the Privacy Policy periodically for updates.

Links to Third Party Sites

You acknowledge that, at any given time, the Site may include links to third party websites. Additionally, We may display advertisements from third parties, and links to the websites of third parties. We are not responsible for the content of such third party websites or any links, services, or other materials relating to such website or advertisement, or any linked site, or any link contained in a linked site. The display of any link does not imply Our endorsement of any linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, LOSS, OR FAILURE OF A DONATION ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINK DISPLAYED ON THE SITE, OR ANY SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Intellectual Property

The Site contains intellectual property that is protected by the laws of the United States and international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. By providing information and content to the Site, you hereby grant Us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the information and content in connection with the Site and business (its successors’ and affiliates’), including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

Confidentiality

In connection with your use of the services and the website operated by GotJunkCars.com (“we,” “us,” or “our”), you may gain access to or be provided with certain proprietary, confidential, and sensitive information, whether intentionally or inadvertently. This includes, but is not limited to, our business practices, strategies, marketing plans, financial data, operational processes, software (including object and source code), technologies, methods, trade secrets, management techniques, systems, customer data, and other valuable aspects of our business (“Confidential Information”).

You agree and acknowledge that:

1. Confidentiality Obligation: The Confidential Information is and shall remain our exclusive property, constituting proprietary and intellectual property rights owned solely by us. You shall use the Confidential Information only for the intended purpose of your permitted use of our services and website under these Terms and Conditions.
2. No Unauthorized Disclosure: You are strictly prohibited from disclosing, sharing, reproducing, or otherwise disseminating any Confidential Information to any third party, including but not limited to competitors, without our express prior written consent.
3. Survival of Obligations: The obligations of confidentiality described herein shall survive the termination of your access to or use of the website and services.
4. Injunctive Relief: You acknowledge that a breach of this confidentiality obligation would cause irreparable harm to us for which monetary damages alone would be inadequate. Therefore, we shall have the right to seek injunctive relief, as well as any other legal or equitable remedies, to prevent or remedy such a breach.

By accessing or using our website and services, you further agree that you will take all reasonable measures to protect our Confidential Information and will promptly notify us of any unauthorized use or disclosure of such information that comes to your attention.

User Conduct

When accessing or using the GotJunkCars.com website and services (“Website” and “Services”), you agree to comply with all applicable laws and the following guidelines:

1. Content Submission:
   • You will not upload, transmit, or submit any information or content unless you have the legal right or consent to do so.
2. Compliance with Laws:
   • You agree not to violate any international, federal, state, provincial, or local laws, regulations, rules, or guidelines (“Laws”) as a result of your use of the Website or Services.
3. Prohibited Content:
   • You will not transmit, post, or submit any data, information, images, or materials that:
     • Contain vulgar, profane, abusive, or hateful language.
     • Include slurs, inflammatory attacks, or offensive expressions based on race, religion, or personal attributes.
     • Promote bigotry, racism, discrimination, or hate.
     • Are unlawful, threatening, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable.
     • Infringe on any third-party intellectual property rights, including copyrights, trademarks, patents, trade secrets, or other proprietary rights.
4. Impersonation:
   • You will not impersonate any person or entity or misrepresent your affiliation with any person or entity.
5. Security Violations:
   • You agree not to engage in any activity that compromises the security of the Website or Services, including but not limited to:
     • Unauthorized access to accounts or servers.
     • Scanning, probing, or hacking the Website or its networks.
     • Overloading, flooding, pinging, or crashing the Website.
6. Account Security:
   • You will not share your account credentials (e.g., passwords) or allow unauthorized access to your account.
   • You agree to take reasonable steps to maintain the security of your account and notify us immediately of any unauthorized access.
7. Reverse Engineering:
   • You are prohibited from reverse engineering, decompiling, disassembling, or attempting to identify or reconstruct the source code, algorithms, or user interface techniques of the Website.
8. Automated Tools and Scraping:
   • You will not:
     • Copy, scrape, or transfer any data, content, or materials (“GotJunkCars Information”) from the Website.
     • Use bots, spiders, robots, scrapers, or any other automated tools to navigate, search, or extract information from the Website.
     • Use any software, tools, or devices that interfere with the Website’s normal operation.
9. Data Harvesting and Unsolicited Communications:
   • You agree not to harvest, collect, or attempt to collect email addresses or contact information of other users for the purpose of sending unsolicited communications, spam, or promotional messages.

By accessing and using the Website and Services, you agree to abide by these guidelines and acknowledge that any violation may result in the suspension or termination of your access. Additionally, we reserve the right to take appropriate legal action, including seeking damages or injunctive relief, to address breaches of this User Conduct section.

Consent to Communication

By providing your phone number and other contact information through the Website or Services, you expressly consent to receiving messages, including text messages, and/or phone calls from GotJunkCars.com or its service providers. These communications may include updates on your transactions, inquiries, offers, and information related to the Services you requested. Your consent includes the use of automated technologies, such as autodialers or prerecorded messages, as applicable. Standard messaging and data rates may apply.

You may opt out of receiving further communications at any time by replying “STOP” to any text message or by contacting our customer support team. Please note that opting out may limit your ability to receive certain Services or important updates related to your transactions.

Compliance with Regulations

GotJunkCars.com is committed to complying with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), and any state or federal laws governing electronic communications. By using the Website or Services, you agree to abide by these regulations and ensure the accuracy of the contact information you provide.

We take your privacy and security seriously and implement industry-standard practices to safeguard your information. For more details on how we collect, use, and protect your data, please refer to our Privacy Policy.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. Use at Your Own Risk
Your use of the Website and Services is entirely at your own risk. The Website and Services are provided on an “as is” and “as available” basis. GotJunkCars.com expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. No Guarantees
We make no warranty that:
i. The Website or Services will meet your specific requirements or expectations.
ii. The Website or Services will be uninterrupted, timely, secure, or error-free.
iii. Any results obtained from using the Website or Services will be accurate, reliable, complete, or up to date.
iv. The quality of any products, services, content, or information purchased or obtained through the Website will meet your expectations.
v. Any errors, defects, or malfunctions in the Website or Services will be corrected.

c. Content and Downloads
Any content, material, or data downloaded or otherwise obtained through the use of the Website or Services is done at your sole discretion and risk. You are solely responsible for any damage to your computer system, mobile device, or loss of data that results from such downloads or content access.

d. No Warranties Through Advice
No advice or information—whether oral or written—obtained from GotJunkCars.com, its representatives, or through the Website or Services shall create any warranty not expressly stated in these Terms.

e. Technical Issues
Neither GotJunkCars.com nor any internet service provider shall be held responsible for:

• Incorrect or inaccurate information entry.
• Human errors or technical malfunctions.
• Lost, delayed, corrupted, or incomplete data transmissions.
• Omissions, interruptions, deletions, or defects in functionality.
• Failures or issues related to any telephone network, computer equipment, software, or related technologies.
• Inability to access the Website due to technical problems or any combination thereof.

Limitation of Liability

IF YOU RELY ON THIS WEBSITE, THE SERVICES, OR ANY MATERIALS AVAILABLE THROUGH THIS WEBSITE, INCLUDING THE CONTENT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, CONTENT, AND SERVICES PROVIDED BY THE WEBSITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOTJUNKCARS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
i. YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
ii. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES;
iii. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
iv. ANY OTHER MATTERS RELATING TO THE WEBSITE OR SERVICES.

SHOULD YOU HAVE A DISPUTE WITH GOTJUNKCARS.COM ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED, YOU HEREBY AGREE TO RELEASE GOTJUNKCARS.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, AND REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR CONNECTED IN ANY WAY WITH SUCH DISPUTE.

Additional Provisions

These Terms 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 seeking injunctive or equitable relief in aid of arbitration or claims concerning GotJunkCars.com’s intellectual property rights (which are subject to the exclusive jurisdiction of the federal or state courts located in the State of New York, County of New York, and may be brought without the posting of a bond), any dispute arising under these Terms shall be resolved in accordance with the JAMS Streamlined Arbitration Rules and Procedures 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 arbitrator’s decision may be enforced in any court of competent jurisdiction. A waiver by GotJunkCars.com of any term or condition of these Terms, or any breach thereof, in any single instance, will not constitute a waiver of such term or condition or any subsequent breach thereof.

Amendments to These Terms

We reserve the right to amend, modify, or update any of the terms and conditions contained in these Terms, as well as any policies or guidelines governing the Website or Services, at any time and at Our sole and independent discretion. Such changes will become effective upon being posted to the Website. It is your responsibility to review these Terms periodically for updates or changes.

Your continued use of the Website and Services after the posting of any amendments or modifications will constitute your acceptance of those changes. If you do not agree with any updates or modifications to these Terms, you must discontinue your use of the Website and Services immediately.

Contacting Us

You agree to notify Us in writing of any claims, concerns, or disputes related to the Website, the information provided on it, or the Services offered. You further agree to allow Us a reasonable period to address and resolve your claim or dispute before initiating any legal action.