TERMS OF SERVICE
PICKUPMYJUNKCAR.COMPickupMyJunkCar.com operates the Site as an online vehicle advertising and pairing service for junk, damaged or salvaged vehicle Buyers and Sellers. PickupMyJunkCar.com does not sell vehicles directly and is never a party to any transaction between Buyers and Sellers. As a result, PickupMyJunkCar.com does not (a) guarantee or ensure any vehicle or any transaction between a Buyers and Sellers, (b) collect or process payment or transfer of title on behalf of Buyers or Sellers, or (c) warehouse, store, ship or deliver any vehicles. Our role is strictly limited to connecting Buyers and Sellers and we do not participate in any way in communications between Buyers and Sellers.
ELIGIBILITYThe use of the Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that (i) you agree to be bound by these Terms of Service and (ii) that you are 18 or older and able to form legally binding contracts.
USER ACCOUNT REGISTRATIONTo access certain features of the Site and Services and to post vehicle Listing,send price offer you must register to create an account (“User Account”) and become a "Buyer" or a "Seller". You may register directly via the Site or Service or as described in this section.
VEHICLE LISTING AND PRICE OFFERA registered Seller may list their vehicle with required information in order to receive price offers from one or multiple registered Buyers. The price offers are the amount of money Buyers are willing to give Seller in exchange for the vehicle and agreement/disagreement to pick up the vehicle from the Seller location. The price offer amount is contingent upon the accuracy of a vehicle's information submitted by the Seller when a Price Offer is accepted by a Seller. Seller's pertinent information such as email address, address, telephone number is given to the Buyer in order to schedule pickup time and date by the Buyer once the Seller accepts the price offer and request pickup. Buyer can then schedule date and time by directly calling or emailing the Seller. Buyer pays seller based on their own arrangement. PickUpMyJunkCar.com does not process any transaction between Buyer and Seller. As a result, PickUpMyJunkCar.com exercises no direct control over the quality, safety and legal aspects of all transactions that take place between Buyers and Sellers A Seller can receive multiple price offers from multiple Buyers.
FEES AND PAYMENTSThere are currently NO FEES for Sellers and Buyers to use, create account, post vehicle and send price offers on PickupMyJunkCar.com.
GENRAL RULES OF USAGEYou agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the PickupMyJunkCar servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
EXTERNAL AND THIRD PARTY LINKSSome websites which are linked to PickUpMyJunkCar.com are owned and operated by third parties. Because PickUpMyJunkCar.com has no control over such websites and resources, you acknowledge and agree that PickUpMyJunkCar.com is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
Links to external websites or the featured model's linked websites (including external websites that are framed by PickUpMyJunkCar.com or inclusions of advertisements do not constitute an endorsement by PickUpMyJunkCar.com of such websites or the content, vehicles listed for sale, advertising or other materials presented on PickUpMyJunkCar.com, but are for user's convenience. Users access them at their own risk. PickUpMyJunkCar.com expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this PickUpMyJunkCar.com. PickUpMyJunkCar.com expressly disclaims any liability derived from the use and/or viewing of any links that may appear on this SITE. All users do hereby agree to hold PickUpMyJunkCar.com harmless from any and all damages and liability that may result from the use of links that may appear on PickUpMyJunkCar.com. PickUpMyJunkCar.com reserves the right to terminate any link or linking program at anytime without any notification.
DISCLAIMER OF WARRANTYYOU EXPRESSLY AGREE THAT USE OF PICKUPMYJUNKCAR.COM OR ANY OF THE MATERIALS/PRODUCTS/SERVICES CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. PICKUPMYJUNKCAR.COM AND ALL MATERIALS/PRODUCTS/SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE DISCLAIMERTHE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE PICKUPMYJUNKCAR.COM WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. SELLERS ARE RESPONSIBLE TO THE BUYER, NOT PICKUPMYJUNKCAR.COM OR IT'S OWNERS, AGENTS.
LIMITATION OF LIABILITYTHE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE PICKUPMYJUNKCAR.COM WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. SELLERS ARE RESPONSIBLE TO THE BUYER, NOT PICKUPMYJUNKCAR.COM OR IT'S OWNERS, AGENTS.
INDEMNITYYou agree to defend, indemnify, and hold harmless PickUpMyJunkCar.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, hosts and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use PickUpMyJunkCar.com or any of the Materials contained therein, or your breach of any of these Terms and Conditions. PickUpMyJunkCar.com shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
SEVERABILITYIf for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
TERMINATIONThis Agreement's provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your Membership, you will no longer have access to the non-public areas of PickUpMyJunkCar.com to which you were a member/consumer. Without limiting other remedies, PickUpMyJunkCar.com may immediately issue a warning, suspend, temporarily suspend, indefinitely suspend, or terminate your access and use of PickUpMyJunkCar.com and refuse to provide our services to you at any time, with or without advance notice, if:
TRADEMARKSPickUpMyJunkCar.com any and all aforementioned names of PickUpMyJunkCar.com are protected marks of PickUpMyJunkCar.com. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. PickUpMyJunkCar.com's marks, logos, domains, and trademarks may not be used publicly except with express written permission from PickUpMyJunkCar.com, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits PickUpMyJunkCar.com. PickUpMyJunkCar.com, inclusive, herein, protects its mark by using these symbols: ©®.
All Materials included on PickUpMyJunkCar.com, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, profiles and software is the property of PickUpMyJunkCar.com.
894 Mayer Drive
Wantagh, NY 11793
This document was last updated on January 21, 2015