Terms & Conditions
Last Updated: May 13, 2021
Please read these terms and conditions ("Terms") carefully before using the The Car Junker website (“Site”). By accessing, browsing, or using this Site, you are subject to, and indicate your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this Site.
This website is owned and operated by Copart, Inc., a Delaware corporation (hereinafter “We”, “Our”, “Us”). These Terms apply to anyone who visits, submits information to, or otherwise uses the Site (collectively “Users”). If you do not agree to be bound by these Terms, do not access the Site or use its services (“Services”).
About The Car Junker
The The Car Junker mission is to help you sell your unwanted 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 or by our network of buyers (individually may be referred to as a “Buyer”, or collectively as “Buyers” or “Buyer Network”) 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.
The Car Junker Services
The Site provides you with the opportunity to submit information about your vehicle and receive an offer from Us, or from a member of our Buyer Network, to purchase your vehicle from you. Offers are only good for a limited time. We, and our Buyers reserve the right to withdraw or modify offers to you for any reason, at any time before you receive payment. You can accept an offer either by clicking on the “Accept Offer Now” button on the Site, by text message, or by verbally communicating the acceptance of the offer to one of our representatives. Offers made by Us or our Buyers are contingent on you having a negotiable title in the name of the legal seller, and your compliance with the rest of these Terms. We, and our Buyers reserve the right to rescind offers and cancel the sale, at any time, if we discover any of the following, including but not limited to: (i) seller does not provide a negotiable title at time of vehicle pickup, (ii) the vehicle is missing major components, and/or (iii) the vehicle has additional damages that were not disclosed to us before an offer was made.
You agree that the sale of a vehicle is final, and ownership of the vehicle passes to Us or a member of our Buyer Network once payment is made to you.
Payment Methods
Payment may be made by cash, corporate check, Venmo, PayPal, or Zelle when We, the member of our Buyer Network, or an authorized service picks up your vehicle.
User’s Responsibilities and Acknowledgements
As a Site User you are obligated to read these Terms and our Privacy Policy before you utilize our Services or provide any information to Us. You agree to read and be bound to these Terms and the Privacy Policy. 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 the Site, including but not limited to, ownership information, lien information, mileage, equipment, vehicle condition, and all personal identification and contact information provided by you are 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 a member of our Buyer Network, you acknowledge that your information will be provided to the Buyer, and that all resulting negotiations, contractual dealings, and responsibility for the potential or completed transaction are solely between you and the Buyer.
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, nor our Buyer Network 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.
Breach
Without limiting other remedies, We may terminate the Services, or 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, these Terms or any policies these Terms incorporate 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 Buyer Network, or Us. We may also terminate the Services, at any time, with or without cause.
Privacy
We only use your information as described in our Privacy Policy and these Terms. Our current Privacy Policy is available at https://www.The Car Junker/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.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
e. NEITHER WE, NOR ANY INTERNET ACCESS PROVIDERS ARE RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE SITE.
Limitation of Liability
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, INCLUDING THE CONTENT, 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, CONTENT, AND SERVICES PROVIDED BY THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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, LOSS OF BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
(iv) ANY OTHER MATTERS RELATING TO THE SERVICE.
SHOULD YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, YOU HEREBY RELEASE US, AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES OR REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY, CONNECTED WITH SUCH DISPUTES.
Indemnity
You agree to indemnify, and hold Us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party, including but not limited to
(i) any actions or activities of our Buyer Network, referred to you through the Site or by Us, or
(ii) your violation of these Terms or your use of the Site in violation of these Terms, or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, but not the obligation, 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 from Us. You further agree to indemnify and hold Us harmless 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
These Terms and the relationship between you and Us shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, in the state of Texas. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General Release
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, OR BETWEEN YOU AND A MEMBER OF OUR BUYER NETWORK, YOU AGREE TO RELEASE US, 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 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
We grant a limited license to each User to make personal use of the Site in accordance with these Terms. 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
Our failure to enforce any of Our rights under these Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Right to Change these Terms
We reserve the right to change any of the terms and conditions contained in these Terms, or any policies or guidelines governing the Site or Services, at any time and in Our sole and independent discretion. Any changes will be effective upon the posting of the changes to the Site. You are responsible for periodically reviewing the changes. Your continued use of this Site and the Services following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms, do not continue to use the Services or this Site.
Contact Us
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 by it. You agree to give Us a reasonable period of time to address the claim or dispute before bringing any legal action.