Welcome! Please read these terms and conditions of use ("Terms") carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this website.
Introduction.
Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the “Agreement”) for the DamagedCars.com web site. This website is owned and operated by CarBrain, LLC., a Delaware limited liability company, doing business as DamagedCars.com and CarBrain.com (hereinafter “Damaged Cars,” “We,” “Us”, Site). This Agreement applies to persons who visit, submit information to, or otherwise use the DamagedCars.com web site (collectively “Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access DamagedCars.com car purchasing services (“Services”) or the DamagedCars.com web site (hereinafter referred to collectively as “DamagedCars.com” or “the Site”).
About DamagedCars.com.
DamagedCars.com is the fastest and easiest way to get paid for your less than perfect car. We help you sell your wrecked or non-working vehicles. Through our Site, you can submit information about your vehicle to receive a no-obligation offer. By you entering all the information required about your vehicle on DamagedCars.com, you will be redirected to CarBrain.com where we will make a “As Is” offer for your vehicle based on the information that you provide to Us. From late model cars with collision damage to an old clunker that is not running, sell your car to or through us for a quick, simple and secure transaction. Offers to purchase are made by Us or by our network of Service Providers (Buyer Network,) across the continental United States and these terms apply to all such offers.
Availability and Eligibility.
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 this Site and Services, no distribution or solicitation is made by DamagedCars.com to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site.
Services
The Site provides you with the opportunity to submit information about your vehicle and receive an offer from Us or from our Buyer Network to purchase it from you. Offers are good for a limited time. We reserve the right to withdraw our offer to you in the event a human and / or technological error occurs during the offer process. You can accept an offer made on the redirected CarBrain.com site either by clicking on the Agree button on the website, or by responding back to our “offer” email, or by verbally communicating the acceptance of the offer to one of our sales representatives, or by submitting copies of your title to Us. Acceptance by Us or our Network is subject to having a negotiable title in the name of the seller and to the rest of the terms and conditions herein. We reserve the right to retract our offer and cancel the sale if we find the vehicle has any of the following, but not limited to; customer not providing a title at time of vehicle pickup, or if the vehicle is missing major components, and / or has additional major damages that were not disclosed to us before receiving an offer.
You agree that the sale of the vehicle is final once payment is made to you. Ownership of the vehicle passes to the Service Provider upon such delivery of payment to you. There are no returns or refund beyond this point.
Payment Methods.
Payment is made by check when we or a member of our Network picks up your vehicle, or by mail if you choose this option.
User’s Responsibilities and Acknowledgements.
As a DamagedCars.com User you are obligated to read this Agreement and our Privacy Policy before you utilize our Services or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other listed policies we have now. You represent and warrant that: (a) you are not under the age of eighteen (18); (b) you are the true and lawful owner of the vehicle; (c) all vehicle information submitted through DamagedCars.com and CarBrain.com, including but not limited to, ownership information, lien information, mileage, equipment, vehicle condition , and all personal identification and contact information provided by you to us is truthful, accurate and complete; (d) the VIN numbers have not been tampered with; and (e) the title is free and clear of any liens unless we have been notified in advance of such lien(s) and have agreed to discharge the lien(s) as part of the offer. In the event, that an offer made to you is from one of our network of service providers you acknowledge that your information will be provided to the potential service provider and that all resulting negotiations, contractual dealings, and responsibility for the potential or completed transaction are solely between you and the Service provider.
Personal Belongings.
Please remove your belongings once you have accepted our offer. You are solely responsible for any personal belonging left in the vehicle. It is your responsibility to remove all personal belongings from the vehicle before the vehicle leaves you. We or our Service Providers are not responsible for any of your belongings once the vehicle leaves your possession.
We are not responsible for any loss suffered by you due to your failure to remove such belonging.
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 to Us shall not: (a) be false, inaccurate or misleading; (b) be 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 ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
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 of 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.
Breach.
Without limiting other remedies, we may terminate the Services, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us or believe in good faith that you may have engaged in fraudulent activity related to the vehicle or any transaction with Us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our network of Service Providers or Us. We can also terminate this Agreement at any time, with or without cause.
Privacy.
We only use your information as described in our Privacy Policy and these Terms of Service. Our current Privacy Policy is available at http://www.damagedcars.com/Privacy-Policy. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.
Compliance with Laws and Law Enforcement.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any personal information or other information about you or your vehicle to government or law enforcement officials or private parties as We, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect the Our property and rights or the property and rights of a third party, to protect the safety of the public or any person, to comply with the requirements of federal, state or local laws and regulations, or to prevent or stop activity We consider to be illegal or unethical.
Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, DamagedCars.com or CarBrain, LLC. Such links do not necessarily constitute an endorsement by Us of those sites. We undertake no obligation to monitor such sites, and you agree that We are not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as 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 CarBrain, LLC 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.
TCPA
Please be advised that by using this website and providing your personal information to us (including your email address, telephone number, mailing address), you consent and acknowledge that CarBrain and any of our affiliates, agents, assigns and service providers may from time to time contact you FOR SALES AND MARKETING PURPOSES via email, phone, MMS / SMS / texting, and / or USPS / courier mail. In addition, by providing Us your telephone number, you are giving Us permission to contact you even if your telephone number is on local, state and national No Call Lists. You do have the choice to opt-in or -out of MMS / SMS / texting when you provide your phone number on our website, or you may cancel receiving such texts, simply by texting back “STOP” after receiving an SMS/text from us. Please note, depending on your cellular service, Message & Data Rates May Apply.
To provide an excellent customer experience once an offer is accepted, we need a working telephone number to communicate with you. During the checkout process, you will opt-in to verify your number by entering a code. You can receive the code via text message or call if your telephone doesn’t support text messaging. IN THE EVENT YOU AGREE TO SELL A VEHICLE TO CARBRAIN, YOU PROVIDE US, OUR PARTNERS, AFFILIATES AND SERVICE PROVIDERS WITH YOUR EXPRESS CONSENT TO CONTACT YOU via email, telephone, MMS / SMS / texting, and / or USPS / courier mail WITH INFORMATION REGARDING THE PURCHASE OF THE VEHICLE, EVEN IF YOU HAVE OPTED OUT OF SALES AND MARKETING MESSAGES. In addition, by providing Us your telephone number, you are giving Us OUR PARTNERS, AFFILIATES AND SERVICE PROVIDERS permission to contact you even if your telephone number is on local, state and national No Call Lists AND/OR YOU HAD PREVIOUSLY OPTED OUT OF SALES AND MARKETING MESSAGES. You do have the choice to opt-in or -out of MMS / SMS / texting when you provide your phone number on our website, or You may opt out of such texts, simply by texting back “STOP” after receiving an SMS/text from us. OPTING OUT OF MESSAGING RELATING TO THE PURCHASE OF YOUR VEHICLE MAY HINDER OR PREVENT FINALIZING THE TRANSACTION. Please note, depending on your cellular service, Message & Data Rates May Apply.
Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE, THE SERVICES, OR THE ACTIONS OF ANY THIRD-PARTY SERVICE PROVIDER WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE,COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF DAMAGEDCARS.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THE SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES.
Limitation of Liability.
IN NO EVENT, SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDINGNEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE OFFERED AMOUNT FOR YOUR VEHICLE OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to (i) any actions or activities of a Service Provider referred to you through the Site or by Us, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. CarBrain, LLC reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of CarBrain, LLC. You further agree to indemnify and hold harmless CarBrain, LLC from any claim arising from a third party's use of information or materials of any kind that you submit to the Site.
Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Users and not involving DamagedCars.com, shall be settled by binding arbitration in accordance with JAMS International Arbitration Rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Miami, Florida and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or CarBrain, LLC may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Delaware necessary to protect the rights or property of you or CarBrain, LLC pending the completion of arbitration.
General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR BETWEEN YOU AND A NETWORK SERVICE PROVIDER, EACH OF YOU AGREE TO RELEASE CarBrain, LLC, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY US.
Licenses.
CarBrain, LLC grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
Waiver.
Failure by CarBrain, LLC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Right to Change this Agreement.
CarBrain, LLC reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following Site posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
General Provisions.
This is the entire Agreement governing the use of the DamagedCars.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Delaware, without regard to that state’s conflict of laws and provisions. By using the Site, you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Delaware. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. Provisions of this Agreement that are intended to survive this Agreement shall survive. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of CarBrain, LLC in accordance with applicable law and the remainder of the Agreement shall remain in full force.
Contact DamagedCars.com.
Except as explicitly stated otherwise, any notices to DamagedCars.com shall be given by email to info@DamagedCars.com (in the case of DamagedCars.com). The Company is an accredited Member of the Better Business Bureau’s Membership. You agree that you will notify Us in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and also give Us a reasonable period of time to address it before bringing any arbitration or legal action.