Last updated: April, 25, 2023
These Terms and Conditions (“Terms”) are entered into between you and Junk Cars Boston (referred to as “Junk Cars Boston”, “us”, “our” or “we”) and represent a legal agreement between you and Junk Cars Boston. By accessing the website www.Junk Cars Boston.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 Junk Cars Boston and you. They do not create any third party beneficiary rights. Junk Cars Boston 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.
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 Junk Cars Boston and meet all of the foregoing eligibility requirements. If you do not meet all of 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 and possessions, you acknowledge and agree that you use the 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 thirteen (13), and we do not knowingly collect personally identifiable information from users under the age of thirteen (13). Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Website for which registration is required.
Use of Services
Junk Cars Boston does not always directly buy or sell cars or provide salvage and towing services or negotiate the purchase or sale of vehicles. In certain instances, the Website serves as a digital venue and intermediary where Sellers and Buyers meet and enter into agreements. In such situations, Junk Cars Boston is not involved in the actual transaction between Sellers and Buyers (as defined below) and simply assists in the logistical and payment processes of the transactions when applicable. As a result, Junk Cars Boston has no control over the quality, safety, or legal aspects of any sale that may be initiated through use of the Website or Services. Junk Cars Boston has a dealer’s license that enables it to buy cars. In the instances where Junk Cars Boston buys cars from a Seller, Junk Cars Boston steps into the role of a Buyer and all terms and conditions applicable to a Buyer are applicable to Junk Cars Boston.
The Services provided are in no way a substitute for your own due diligence, and Junk Cars Boston does not guarantee the accuracy or correctness of any information provided. You acknowledge that you may not accept an Offer (as defined below) on any vehicle that could cause us to violate any applicable law, statute, ordinance, or regulation or that violates our Prohibited Items terms.
While Junk Cars Boston uses techniques such as insurance, EID, and credit checks to confirm the verification and qualification of Buyers and Carriers, it does not assume any obligation to do so and it does not guarantee the safety of any persons using the Website or Services or the accuracy of any information and is not responsible or liable for any activities you engage in with or any communications you have with Buyers or Carriers.
In order to access or use the Services or access certain functionality of the Website, you may be required to provide current and accurate identification, a username, password, email address and other information. You are solely responsible for any information you provide to us or other users in the registration, Offer, transportation, or payment process. You represent and warrant that your personal information is true, legal, accurate, non-fraudulent and solely yours. You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of your login information required to use the Services and Website. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Website. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including any purchases, that are initiated by use of your registered account.
You will be fully responsible for all activities that occur under your account with Junk Cars Boston, including activities of others to whom you have provided your username or password. Please notify Junk Cars Boston immediately of any unauthorized use of your account or any other breach of security.
You authorize Junk Cars Boston to use the information you supply to us in connection with the Services and in accordance with these Terms. We may use and share the information you provide as described in our Privacy Policy.
Offer
An “Offer” is an amount of money or a service put forward by the Buyer and when accepted, is defined as a transaction between a Buyer and a Seller. Offers are contingent upon the accuracy of the vehicle information as well as personal information submitted by the Seller.
Seller
“Sellers” are users of Junk Cars Boston who submit information about their vehicle in order to receive Offers from Buyers. When a Seller receives and accepts an Offer from a Buyer, they are connected with a Carrier to arrange for their vehicle to be picked up.
Buyer
“Buyers” are commercial users of Junk Cars Boston who submit offer bids to buy the vehicles submitted by Sellers. The bid amount is based upon the vehicle’s information that the Seller submits, such as the location, and condition of the vehicle. When a Buyer’s bid is selected, an Offer is presented to the Seller.
Buyers are not permitted to circumvent or “cut out” Junk Cars Boston or make offers directly to Sellers outside of the Services. If an Offer made outside of Junk Cars Bostonโs Service is accepted by a Seller, then Junk Cars Boston deems those offers outside its purview and is unable to provide any support or assistance to the Seller or Buyer.
Carrier
“Carriers” are commercial users of Junk Cars Boston that physically transport the Seller’s vehicle from its location to the Buyer.
Carriers do not provide emergency towing or recovery services through Junk Cars Boston. In the case of pick ups, it is the Seller’s responsibility to ensure that the vehicle is in a safe and accessible location to be removed upon the Carrier’s arrival. If an Offer indicates that payment occurs at the moment the car is picked up, the Carrier also makes arrangements to pay the Seller.
Carriers are not permitted to circumvent or “cut out” Junk Cars Boston or make offers directly to Sellers outside of the Services. If an Offer made outside of Junk Cars Boston’s Services is accepted by a Seller, then Junk Cars Boston deems those offers outside its purview and is unable to provide any support or assistance to the Seller or Carrier.
Charity
Charities are commercial users of Junk Cars Boston that monetize vehicle donations through the Service.
Publisher
Publishers are commercial users of Junk Cars Boston that monetize car-for-sale leads through the Service.
Third Party Services
The Services and the Website may provide you with an opportunity to engage with third party services, information pertaining to third party services or links to third party services (“Third Party Services”) offered or made available by third party organizations, companies or individuals as applicable, (“Third Party” or “Third Parties”). In such cases, Junk Cars Boston acts as a conduit to allow you to identify, interact and engage with such Third Parties.
Junk Cars Boston is neither responsible nor liable for any activities you engage in with or any communications you have with such Third Parties, even if you identify such Third Party on or through the use of the Services offered by Junk Cars Boston or communicate with them through the use of the Website. These Terms do not apply to any Third Party Services and does not govern the practices of such Third Parties, unless explicitly stated as being applicable to such Third Party Services or Third Parties. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party websites or services.
Your use of Third Party Services is subject to an independent agreement with the applicable Third Party providing such Third Party Services and is not governed by these Terms, unless explicitly stated as being applicable to such Third Party Services or Third Parties. Please read carefully all agreements, order forms and commitments you enter into with a Third Party for Third Party Services. You agree that all such agreements, order forms and commitments are your sole responsibility.
Please be aware that Third Parties provide their information to Junk Cars Boston voluntarily. Junk Cars Boston has no control over such information and resources provided and Junk Cars Boston is not responsible for providing any guarantee, warranty or recommendation to such Third Party Services and/or Third Parties. You acknowledge that the Website may contain out of date or incorrect information about the Third Parties or the Third Party Services. It is your sole responsibility to obtain updated, complete and accurate information, including information about service levels, final pricing and quotes, about the Third Parties and the Third Party Services before you engage any such Third Parties or enter into any contract with them. Junk Cars Boston is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, information, events, goods or services available by or through such Third Parties.
Prohibited Items
A Carrier cannot pick up any hazardous or dangerous materials along with or inside of any vehicle. Hazardous or dangerous items are those that may pose a danger to the health, safety, or property of any person during transport (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Items that Junk Cars Boston cannot service include parts, scrap metal, and liquids. Junk Cars Boston ONLY PROVIDES SERVICES RELATING TO PASSENGER VEHICLES. This does not include motorcycles, heavy equipment, trailers, motorhomes, RVs, or boats.
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.
Payment Process and Methods
In most cases, the Carrier is able to make payment to the Seller at the time of pick up. If paid by mailed check, ACH, wire transfer 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.
Seller’s Representations, Warranties and Covenants
The Seller represents and warrants that all information provided to Junk Cars Boston is accurate and legally true, including, without limitation, the following:
Accurate Vehicle Location: The address indicated at the time of submission must match that of the vehicle location when it is picked up;
Accurate Vehicle Information: The year, make, model, trim, and VIN 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 submit the following information to Junk Cars Boston:
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, Junk Cars Boston 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 Junk Cars Boston 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 Junk Cars Boston, Junk Cars Boston 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.
Proprietary Rights
If you are eligible to use the Services and the Website, Junk Cars Boston grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Website solely under the terms and conditions provided hereunder. Any use of the Website other than as authorized by these Terms is strictly prohibited and will terminate the license granted herein.
Junk Cars Boston and/or its licensors own the Services and the Website, including all software and other technology provided or employed by Junk Cars Boston in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. It is clarified that “Junk Cars Boston”, “Junk My Car”, and “GetUsedParts”, among other trademarks, are registered trademarks of Junk Cars Boston. Junk Cars Boston does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Website, as set forth herein and subject to these Terms.
The Website may also contain intellectual property of Third Parties, including service marks and trademarks. Your use of the Services or the Website does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.
All rights not expressly granted herein are reserved by Junk Cars Boston. Your use of this Website does not grant you ownership rights of any kind in the Website.
Confidentiality
As a result of your use of the Services and the Website, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
User Conduct
In using the Website and Services, you agree (i) not to send to Junk Cars Boston or upload onto or through the Website any information unless you have consent to do so; and (ii) that you will not:
violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws”) as a result of your use of the Website;
make any information available to Junk Cars Boston if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
transmit any information, data, images, or other materials or post any content on the Website that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
provide any false personal information on Junk Cars Boston, or create an account for anyone other than yourself without permission;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Website or any network used by the Website or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Website by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
share your password, permit, authorize or enable anyone else to access your account, or do anything else that could reasonably be expected to jeopardize the security of your account;
reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
“scrape,” copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Website (“Junk Cars Boston Information”) from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available from Junk Cars Boston on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
harvest or collect Junk Cars Boston Information, email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Additional Restrictions/Obligations
You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Junk Cars Boston Information;
You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Junk Cars Boston Information;
You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Website and when communicating with a Third Party; and (ii) maintain and update this information to keep it true, accurate, current, and complete;
You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.
You may not under any circumstances publish, copy, distribute, share with third parties or make public in any form any information regarding the Third Party Services or Third Party, including pricing information, location of the third party no matter how obtained (whether through the use of the Services or directly from the Third Party).
Submissions
All remarks, suggestions, ideas, graphics, photographs or other information (“Submissions”) communicated to Junk Cars Boston through this Website will forever be the property of Junk Cars Boston. In addition, you grant, and you represent and warrant that you have the right to grant, Junk Cars Boston, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your Submissions, including your name, image, likeness, photograph, voice, and biographical material, included therein or in connection therewith, including but not limited to advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to Junk Cars Boston’s websites and social media channels, and in advertising campaigns and installations including as part of a video compilation. Without limiting the foregoing, you hereby grant Junk Cars Boston the right to edit, arrange, rearrange, adapt and combine your Submissions with other materials in its sole discretion, including on the aforementioned websites and social media channels and including without limitation in ‘compilation’ online and out-of-home videos.
You further represent and warrant that you own or otherwise control any rights to your Submissions and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submissions to grant the license contained in these Terms for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
You are solely responsible for the content of any Submission you make you make on this Website or to any Third Party Organization through the Website. Unless otherwise specified in writing, all Submissions made through or on the Website will be presumed to be public and Junk Cars Boston will not be required to treat the information as confidential. The content of Submissions is not pre-screened. Accordingly, users who access Submissions publically available do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Notwithstanding the foregoing, Junk Cars Boston reserves the right, but does not assume any obligation, to delete Submissions that Junk Cars Boston, in its sole discretion, deems abusive, defamatory, obscene, in violation of any Laws, or otherwise unacceptable.
Non-Solicitation
You shall not solicit or hire our employees of whom you become aware through the use of the Servicesor the Website. Furthermore, you shall not otherwise interfere with any of our other business relationships.
Information Collection, Use and Sharing
Junk Cars Boston requires some personal information to provide its Services. Your use of the Website and Services is subject to Junk Cars Boston’s Privacy Policy, the provisions of which are incorporated herein by this reference. By using the Website and Services, you acknowledge and consent to be bound by the terms of Junk Cars Boston’s Privacy Policy, including its collection, use and disclosure of your personal information.
In some instances, Junk Cars Boston may ask you to submit your contact information including your telephone number. You may be contacted by Junk Cars Boston or its business associates by telephone or text messages. To learn more about Junk Cars Boston’s policies regarding: (i) compliance with the Telephone Consumer Protection Act, please see Junk Cars Boston’s Privacy Policy and (ii) compliance with the National Do Not Call List administered by the Federal Trade Commission, please write to us at privacy@Junk Cars Boston.com.
Record Keeping
We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Release of Liability
Should you have a dispute with one of more of the Sellers, Buyers or Carriers, you hereby release Junk Cars Boston, its 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.
IN NO EVENT WILL Junk Cars Boston, OUR AFFILIATES, SUBSIDIARIES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR WEBSITE UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER ANY LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Junk Cars Boston EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Junk Cars Boston DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Junk Cars Boston DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Junk Cars Boston MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. Junk Cars Boston ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnifications
You hereby agree to indemnify, defend, and hold harmless Junk Cars Boston and Junk Cars Boston’s subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by Junk Cars Boston in any action or proceeding between Junk Cars Boston and an affiliate or between any third party and Junk Cars Boston or otherwise) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Services, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Severability
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision.
Termination
You understand and agree that we may, in our sole discretion and at any time, terminate your account and discard and remove any content posted or submitted by you for any reason. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account. Junk Cars Boston may also suspend or terminate your account or rescind the Offer if a suspicion arises that you engaged in any fraudulent activity in conjunction with our Website.
If Junk Cars Boston becomes aware that you willfully and intentionally violated any of our rules or manipulated the Website, sale process, or communications, we may pursue damages against you in any forum we deem appropriate.
Miscellaneous
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 for injunctive or equitable relief in aid of arbitration or claims regarding Junk Cars Boston’s intellectual property rights (which you hereby consent are subject to the exclusive jurisdiction of the federal or state courts located in the State of New York, County of New York and which may be brought without the posting of a bond), any dispute arising under these Terms shall be heard and 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 arbitral decision may be enforced in any court of competent jurisdiction. A waiver by Junk Cars Boston of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Change in Control
In the event of a change of control of Junk Cars Boston or the sale of substantially all of Junk Cars Boston’s assets or other corporate event, all rights of Junk Cars Boston hereunder shall be transferable without notice to you.
Third Party
Use of Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.
Contact
If you have any questions about these Terms, you may contact us at hello@Junk Cars Boston.com