Glynn County Used Cars ("GCUC") is a platform that facilitates the buying and selling of used cars between private sellers and buyers. Our platform provides a convenient and secure payment collection system to ensure a smooth transaction process. When a buyer and seller reach an agreement on GCUC, the buyer will directly pay the seller for the purchased vehicle. To cover the services provided by GCUC, we charge a 2% seller fee. To collect this fee, we will send a separate payment request to the buyer through our reliable invoicing system. Our invoicing system allows for secure and convenient payment processing, ensuring that your fee is handled smoothly. We prioritize transparency and provide clear communication regarding the fee structure and payment process to all parties involved. Please note that our platform is designed for private sales, and we do not facilitate dealer transactions at this time. However, we welcome dealers who wish to explore other listing options available on our site.
We understand the importance of a seamless and trustworthy car buying and selling experience. Therefore, we encourage you to carefully read and understand our Terms and Conditions, which outline the specifics of our services, fees, and obligations.
If you have any questions or require further assistance, please feel free to contact our dedicated support team. We are here to help you navigate the process and ensure a successful transaction on GCUC.
These Terms and Conditions, together with our Privacy Policy (the "Privacy Policy") and all vehicle transaction contracts you enter into with GCUC or our customers, affiliates, or service partners, are a legal agreement ("Agreement") between you ("You" or "Your") and Glynn County Used Cars. ("GCUC", "we", "us", or "our"), establishing the terms under which You may sell or buy vehicles through our website or affiliated websites or otherwise use our services (collectively, the “Websites” or "Services"). Our Services are intended for use by residents of the United States of America eighteen (18) years of age or older who have the capacity to enter into a valid contract. By browsing our Website(s), using the Services, or clicking any "I agree" or similar acceptance on the Website(s) or in our transaction documents, you accept and agree to this Agreement in its entirety. We reserve the right to modify this Agreement from time to time by posting changes here at www.glynncountyusedcars/marketplace/.
Please read these Terms of Use ("Terms") carefully before using www.glynncountyusedcars.com (the "Website"). These Terms govern your access to and use of the Website. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, please refrain from using the Website.
1. Use of the Website
1.1 You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Website.
1.2 You agree to use the Website only for lawful purposes and in compliance with all applicable laws and regulations.
2. User Accounts:
2.1 In order to access certain features or services on the Website, you may be required to create a user account.
2.2 You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account.
2.3 You agree to provide accurate and up-to-date information when creating your account and to promptly update any changes to your account information.
3. User-Generated Content:
3.1. Users may have the ability to submit, post, or transmit content on the Website, including but not limited to vehicle listings, comments, reviews, or other information ("User-Generated Content").
3.2. By submitting User-Generated Content, you grant GCUS a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display the User-Generated Content in any media or format.
4. Intellectual Property:
4.1 The Website and its contents, including but not limited to text, images, graphics, logos, and software, are the property of GCUC or its licensors and are protected by intellectual property laws.
4.2. You may not reproduce, distribute, modify, or create derivative works of any content from the Website without obtaining prior written permission from GCUC.
5. Disclaimer:
5.1 GCUC operates as a platform facilitating the selling and buying of cars. We are not responsible for the transfer of titles or tags associated with the vehicles listed on our platform. The transfer of titles and tags is solely the responsibility of the seller and buyer. We recommend that both parties consult with their local Department of Motor Vehicles or appropriate authorities to ensure a smooth transfer process.
5.2 All vehicles listed on www.glynncountyusedcars.com are sold "as is" by the owner. We do not provide any warranties or guarantees regarding the condition, functionality, or performance of the vehicles. Buyers are advised to inspect the vehicles thoroughly, request relevant documentation, and perform any necessary due diligence before making a purchase.
5.3 GCUC only facilitates the selling and buying of cars and does not charge to list vehicles. We are not involved in the actual transaction between buyers and sellers, and we do not own, inspect, or hold any ownership interest in the vehicles listed on our platform.
6. Limitation of Liability:
6.1 GCUC and its affiliates will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website or any content accessed through the Website.
6.2 In no event shall GCUC's total liability exceed the amount paid by you, if any, for accessing the Website.
7. Governing Law and Jurisdiction:
7.1 These Terms shall be governed by and construed in accordance with the laws of Georgia.
7.2 Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Georgia.
8. Modifications:
8.1 GCUC reserves the right to modify, update, or revise these Terms at any time without prior notice.
8.2 Continued use of the Website after any modifications to the Terms constitutes acceptance of the updated Terms.
9. ELIGIBILITY FOR SELLING A CAR WITH US
9.1 You acknowledge that to be eligible to sell a vehicle, You must complete the application process with us and deliver all information, including service history and transaction-related contracts and documents requested in the application or otherwise. You further acknowledge that You are the registered owner of Your vehicle and are legally authorized to sell it, which we may verify with the National Motor Vehicle Title Information System (NMVTIS), a state-level registration check, and/or any private vehicle history report.
9.2 Acceptance of Your application to sell through GCUC is subject to our approval and may be denied based upon the criteria in this Agreement or any additional criteria established from time to time by us or our affiliates or third-party providers.
10. RULES FOR SELLING A CAR WITH US
10.1 By listing a vehicle for sale with GCUC ("Vehicle for Sale"), You hereby provide us authorization to offer and sell the Vehicle for Sale at the private party sale price ("Private Party Sale Price") that you designate on the platform. In the event You agree to sell and assign the Vehicle for Sale to GCUC or its designee, as directed and otherwise to cooperate with all related delivery instructions and documentation requested by GCUC to consummate the sale to GCUC and its subsequent transfer to the End Buyer.
10.2 For those Services, provided that we proceed to sell your vehicle to an End Buyer, You agree to pay GCUC a sellers fee in an amount that is 2% of your sale price. (For example: if you sell your car for $1,000, you will pay us $20.00)
10.3 With respect to the Vehicle for Sale, GCUC will provide You with pre-selling advice, listing services across our network of partner websites, pre-qualification of prospective End Buyers, selling management tools (such as scheduling test drives with prospective End Buyers), to the extent GCUC deems helpful and reasonable for the particular listing.
10.4 If the Vehicle for Sale has a lien or any other title encumbrance, You will share information with us. If there is a lien on Your vehicle that is more than your final sale price, then You hereby agree to pay the difference to the lienholder, and our 5% Seller Fee to us.
10.5 You expressly agree that You will provide a clean marketable certificate of title to the buyer for any Vehicle for Sale you offer. Failure to include a clean, marketable certificate of title may result in Your vehicle being delisted from the site.
10.6 You expressly understand that we are unable to process sales of vehicles with a branded or salvage title. If we determine that Your vehicle has a branded or salvage title, we will either de-list it from GCUC or deny its listing during the registration process.
10.7 If we deem that Your vehicle or title requires a state DMV, DPS, DOT, or similar inspection, You expressly agree that You will meet with appropriate state personnel to have one accomplished.
10.8 You agree that You will not use our Services to find a buyer and then complete a transaction with that buyer independent of the Service. You further acknowledge that transferring a vehicle without a bill of sale and without reporting the transaction to state titling authorities is illegal in most states and may expose you to the buyer's parking infractions, transit tolls, fines, or worse.
10.9 If You do not respond to a prospective End Buyer's test drive requests, or offers, we will attempt to contact You by email, text message, or phone call. If we are unable to reach You, we may deactivate Your listing after 7 days. If we deactivate Your listing because we are unable to reach You, you may not relist your vehicle or any vehicles for 30 days.
10.10 You expressly agree that you will remove Your license plates before releasing Your car to the End Buyer.
10.11 After releasing Your vehicle to the End Buyer, You agree to pay GCUC a 2% sellers fee.
11. ELIGIBILITY FOR BUYING A CAR WITH US
11.1 You acknowledge that to be eligible to buy a vehicle via GCUC, You must complete the transaction process with us and deliver all information and transaction-related contracts and documents requested by us in the purchase process or otherwise.
11.2 Acceptance of Your requested purchase is subject to our approval and may be denied based upon the criteria in this Agreement or upon any additional criteria established from time to time by us or our affiliates or third-party providers.
12. RULES FOR BUYING A CAR WITH US
12.1 By accepting a final sale price through GCUC, You agree to buy the Vehicle for Sale from the Original Seller for that price. You agree to pay any assessed documentation fees that varies by state.
12.2 On Vehicles for Sale, we provide recent AutoCheck vehicle history reports for $24.99. We make no representations or warranties about the content of those third-party reports.
12.3 Temporary permits or tags that allows legal operation of Your purchased vehicle for a limited period, generally until your permanent license plates and registration arrive by mail are your responsibility and not the responsibility of GCUC.
12.4 You agree that You will affix any temporary permit or tag conspicuously in the rear window of Your vehicle.
12.5 You agree that You will not take possession of a Vehicle for Sale until the Original Seller's license plates have been removed.
12.6 You agree that the vehicle you are purchasing is sold to you by the Original Seller AS IS, and that GCUC is not responsible for paying to repair any conditions or damage after Your purchase.
12.7 You agree that You will not use our Services to find a vehicle or seller and then complete a transaction involving that vehicle or seller independent of the Service. You further acknowledge that acquiring a vehicle without a bill of sale and reporting of the transaction to state titling authorities, for temporary and permanent registration, is illegal in most states and may expose you and the seller to fines or worse.
13. STANDARDS OF USER CONDUCT
13.1 You are responsible for providing and maintaining Your accurate name, email, mobile phone, home or office address, credit card, and other account information on file and up to date with us. You acknowledge that Your use of the Services might require you or us to share certain personal data with GCUC's third-party payment processors or other service providers. Telephone calls, email correspondence, and social media communications with GCUC may be recorded or monitored. By providing GCUC Your phone number(s) and email address, You are consenting to receive email, calls and texts messages possibly with the use of an autodialer to communicate with You regarding GCUC's Services. You may opt-out of receiving communications from us by contacting us.
13.2 You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password and account number created by You or provided by GCUC for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. GCUC assumes no obligation to control the use of Your or any user's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will cease all use and contact GCUC immediately.
13.3 You are solely responsible for Your use of and activity in relation to the Websites and Services. Your permission to use the Website and Services is conditioned upon the following use and conduct restrictions. You agree that You will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Website and Services for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (e) attempt to harass, abuse, or harm another person or user; (f) provide false or inaccurate information to GCUC; or (g) publish, submit, or link to malicious content intended to damage or disrupt the browser,computers, or systems of GCUC or of any other person or entity.
13.4 You acknowledge that people participating in public or semi-public spaces on the Website or Services occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal, or deceptive. We do not endorse such submissions or statements, or for any opinion, advice, information, or other utterance made or displayed on the Websites or Services by any third person. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove, or refuse to post or allow to be posted or stored any user-submitted content, material, or message; (b) monitor and/or filter any of your communications through the Websites (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any submission or message or any communication through the Websites, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Websites to (i) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users, and visitors; (ii) comply with legal obligations or governmental requests; (iii) to enforce these Terms of Use; or (iv) for any other reason or purpose.
14. DISCLAIMER OF WARRANTIES
Your use of the Services is at Your own risk. Unless expressly stated otherwise, the Services and any content and information presented on the Websites or via the Services are provided on an "as is" basis without warranties of any kind, including timeliness, accuracy, completeness, reliability, merchantability, fitness for a particular purpose, title, non-infringement, or safety. Any oral or written information or advice provided by GCUC or its authorized representatives, including GCUC staff, will not be deemed to create any warranty. In addition, You are responsible for buying or selling any vehicle with GCUC. As with the purchase or sale of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where appropriate, including with respect to scheduling of and participation in any test drives or vehicle inspections or viewings. GCUC does not expressly recommend that you buy or sell a car. Without limiting the foregoing, neither GCUC nor its affiliates nor licensors warrant that access to the Services will be uninterrupted or that the Services will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services. Neither GCUC nor its affiliates nor licensers warrant that the Websites or Services are free from viruses, worms, trojan horses, or other harmful components. Neither GCUC nor its affiliates nor licensors are responsible for the conduct, whether online or offline, of You or any user.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 You agree and acknowledge that GCUC's products and Services, the Data (as defined in Section 10 below), and any software used in connection with GCUC's products and Services, and the materials on the various Websites, contain proprietary and confidential information that is protected by intellectual property and other laws. Further, You agree and acknowledge that in the performance of its Services, GCUC may generate, publish, or re-publish materials, including, but not limited to, photographs, reports, visuals, narratives, vehicle and transactional records, and other data and documents derived from the foregoing, and that GCUC will own the rights to such materials. Except as explicitly provided in these terms and conditions, You may not take, appropriate, convert, distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of those GCUC materials. GCUC owns trademarks, tradenames, and service marks, including, but not limited to, the GCUC, and GCUC Marketplace. You may not use any GCUC trademark or service mark without GCUC's prior written consent.
15.2 You agree and acknowledge that by submitting any vehicle details, photographs, prices, personal data, ideas, suggestions, concepts, documents, and/or proposals (“Contributions”) to GCUC, that: (i) you have all necessary rights to share such Contributions with GCUC and that the Contributions are not subject to restrictions by third parties; (ii) GCUC is free to use and/or share such Contributions as it sees fit; (iii) GCUC may have already conceived, contemplated, or developed something similar to the Contributions; (iv) GCUC may incorporate the Contributions into its products and Services, now or in the future, and GCUC does and will own such products and Services; and (v) GCUC is not obligated to You in any way for such Contributions.
16. INFORMATION SHARING AND DATA USAGE
16.1 Subject to applicable law, you authorize us to pull, gather, obtain, receive, share, sell, disseminate, and disclose transactional, and other information about You and Your vehicles in our discretion, including, without limitation, consumer reports, buy and sell histories, check information, collateral location and status, condition, recall information, and eligibility status, from affiliates and third parties, including without limitation, payment, and service providers, dealers, auction companies, marketing partners, and other customers, for any reason we deem necessary, including, without limitation, obtaining intercreditor, subordination, or similar agreements related to You; and You hereby ratify any such prior acts. The information sharing authorized herein is in addition to any information sharing authorized in any GCUC privacy policy.
16.2 You hereby represent and warrant that any personal data or consumer information that is subject to special treatment under any federal or state privacy or consumer protection law (“Personal Data”) provided to GCUC is free from restriction on use and that submission of any such Personal Data complies with the other terms and conditions herein, which include any GCUC privacy policy.
16.3 Notwithstanding any provision to the contrary, any data previously generated by any transaction, vehicle, or stored or maintained by any such vehicle while in possession of GCUC or its customers or vendors, including, without limitation, any data maintained in any engine control unit, event data recorder, head unit, infotainment system, and/or telematics devices (together, “Data”) may be accessed, disclosed, processed, aggregated, maintained, used to generate derivative or other data or reports, or otherwise used as determined by GCUC in its sole discretion. You agree that You are solely responsible for any liability or claims arising from the delivery to, and use by, GCUC of Data and hereby indemnify us from any and all third-party claims relating to the same. Buyers may have certain rights to possess Data contained in a vehicle following sale. Other than such rights, You agree and acknowledge that You hereby waive any rights or interest in, and grant to GCUC all rights in, the Data. Buyer further agrees and acknowledges that there is no expectation that a Vehicle for Sale will include any Data.
17. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless GCUC, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates, including our third-party payment, finance, warranty, and dealer providers, from and against any and all claims, losses, expenses, or demands, including attorneys' fees and costs incurred, in connection with Your use of or inability to use the Services or Websites. GCUC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any indemnified claim or matter without the written consent of GCUC.
18. DISPUTE RESOLUTION - ARBITRATION, NO CLASS ACTIONS
18.1 Any claim, dispute, or controversy between any of the parties to this Agreement ("Party" and collectively "Parties) and an Affiliated Entity arising from or relating in any way to the Services, the Websites, or the relationship between the Parties, including any relationship with an Affiliated Entity (defined below), whether such claims are based in tort, contract, or arise under statute or in equity (referred to herein as "Claim" or "Claims"), shall be resolved only as provided in this Agreement. Claims include but are not limited to: (i) any disputes regarding or relating to this Agreement, whether during the term of or following the termination of this Agreement, (ii) any disputes regarding or relating to any vehicle sale or purchase, add-on products, or related offerings, listings, or negotiations whether during the term of or following the termination of this Agreement; (ii) any disputes regarding or relating to any financing, loan, retail installment sale, or other credit arrangement or agreement relating to any GCUC Service or Vehicle for Sale;(iii) any alleged violation of state or federal law; any communication, solicitation, or advertising materials; any activities relating to the maintenance or servicing of the vehicle or transaction; (iv) any disputes arising from any collection activity related to a breach or alleged breach of any agreement; (v) any disputes regarding information obtained by GCUC or any financing source from, or reported by GCUC or any financing source to, You, credit bureaus, services providers, dealers, partners, or others; and (vi) any disputes resulting from or relating to, in any way, any previous relationship, agreement, or contract between the Parties. ALL CLAIMS MUST BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW UNLESS ALL PARTIES WAIVE ARBITRATION IN WRITING AFTER THE DISPUTE ARISES. The Parties hereby agree that this Section 12 amends and supersedes any dispute resolution or arbitration provision in a previous agreement entered into between the Parties regardless of whether the previous agreement has been satisfied, terminated, or is in default. Accordingly, any Claims between the Parties or made against or by an Affiliated Entity shall no longer be governed by the dispute resolution provisions contained in a previous agreement but shall be governed by this paragraph; provided, however, that any changes this provision makes to previous agreements between the Parties or made against or by an Affiliated Entity shall not apply in any litigation, arbitration, or other proceeding commenced before the date of this Agreement. “Affiliated Entity” means and includes: (i) any entity or person that at any time has owned or controlled GCUC or any entity that at any time has been owned or controlled by GCUC; (ii) any predecessor or successor entities of GCUC; and (iii) all officers, directors, owners, representatives, and employees of GCUC, its parent company, or any other Affiliated Entity.
18.2 Any Party may elect to resolve any Claim by neutral, binding arbitration. An election to arbitrate a Claim may be made by any Party instead of filing an action in court or in response to a claim, counterclaim, or cross claim filed in court by any other Party. If a Party requests arbitration, all Claims (including counterclaims and cross claims) any Party may have against any other Party or Affiliated Entity, whether such Claims are deemed to be compulsory or permissive in law, shall be submitted to binding arbitration pursuant to this Section 12 (referred to herein as the "Arbitration Agreement"). The failure to bring such a Claim is a waiver of, and bars, the bringing of such a Claim in any subsequent arbitration or court action. Any arbitration hearing that requires the attendance of the Parties shall take place in the federal judicial district where You reside or, if agreed to between the Parties, by telephone. The Party initiating the arbitration proceeding may select from the following arbitration administrators, which will appoint a single qualified arbitrator and apply the appropriate rules for commercial disputes in effect at the time the Claim is filed with the arbitration organization ("Arbitration Rules"): the American Arbitration Association ("AAA"), JAMS, or any other organization the Parties agree to in writing. If neither AAA nor JAMS is able or willing to serve as the arbitration administrator and the Parties are unable to agree on an alternative administrator or arbitrator(s), then a court of competent jurisdiction will appoint an administrator or arbitrator(s). For information on arbitration fees and costs, a copy of the Arbitration Rules, or to file a claim contact AAA at 335 Madison Avenue, Floor 10, New York, New York 10017-4605, www.adr.org (phone 1-800-778-7879) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267). In the event of a conflict between the Arbitration Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. Judgment upon any arbitration award may be entered in any court with jurisdiction and may be enforced by any court having jurisdiction over that judgment. If a Party elects arbitration and the other Party refuses to arbitrate, the Party electing arbitration may seek a court order enforcing this Arbitration Agreement. In that event, the court shall determine any issues regarding enforceability of this Arbitration Agreement, including the validity and effect of the class action waiver (set forth below), but all other issues shall be decided by the arbitrator. All statutes of limitation that otherwise would apply to an action brought in court will apply in arbitration. NO CLAIM SUBMITTED TO ARBITRATION WILL BE HEARD BY A JURY AND ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. NO ARBITRATOR MAY ORDER, PERMIT, OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY- GENERAL LITIGATION, OR CONSOLIDATED ARBITRATION. NO ARBITRATOR MAY ORDER OR PERMIT A JOINDER OF PARTIES, UNLESS THE PARTIES CONSENT TO SUCH JOINDER IN WRITING. THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
18.3 The dealings and transactions governed by this Agreement involve interstate commerce, and the Parties agree that their Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. Seq.) and the Arbitration Rules and not by any state law concerning arbitration. The arbitrator will be required to follow this Agreement, relevant law, and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court, except that any equitable or injunctive relief may not extend beyond the particular Parties’ dealings with one another and any monetary relief will be capped by the limitations of liability in this Agreement. The cost of any arbitration proceeding shall be divided as follows: (i) if a Party other than GCUC initiates arbitration and the damages claimed are less than $25,000 or if GCUC initiates arbitration, GCUC shall pay all arbitration fees and costs; (ii) if anyone other than GCUC initiates arbitration and the damages claimed are $25,000 or more, the Parties to the arbitration shall split the fees and costs for arbitration equally. Notwithstanding the foregoing, if a Party other than GCUC believes the applicable cost of arbitration may be too burdensome, that Party may seek a waiver of costs under the applicable Arbitration Rules. If such a request is made but denied by the arbitration organization, GCUC will consider a written request to either advance or pay all or part of the costs. If arbitration is elected, each Party shall be responsible for its own attorney, witness, and consulting fees provided the prevailing Party may seek reimbursement of their reasonable attorneys’ fees and arbitration costs. If any part of this Arbitration Agreement, other than the waiver of class action rights, is deemed or found to be unenforceable for any reason, the rest shall remain enforceable. If the waiver of class action rights is deemed or found to be unenforceable for any reason in a dispute in which class allegations have been asserted, the remainder of this Arbitration Agreement shall be unenforceable.
18.4 If any Party does not want this Arbitration Agreement to apply, they may opt out by emailing a written opt out notice to GCUC at glynncountyusedcars@outlook.com. The opt out notice must state that the Party is rejecting the Arbitration Agreement and must include the Party's full legal name, address, and vehicle identification number of the vehicle in question. A rejection notice is effective only if it is: (i) signed by the requesting party; and (ii) received by us 45 days or less after the date You enter into this Agreement. The rejection of this Arbitration Agreement will not affect the class action waiver or any other provision of this Agreement. If a Party does not timely opt out of arbitration as specified in this subsection, the Arbitration Agreement will be effective as of the date You entered into this Agreement.
19. TERM AND TERMINATION
19.1 You may terminate Your account with us upon one day prior notice by contacting us and ceasing all use of the Services. GCUC may terminate or cancel Your account or use of the Services at any time immediately with or without notice to You. Without limiting the foregoing, GCUC may immediately terminate your account and use of the Services if You: (a) fail to comply with any term or condition specified in this Agreement or any policy posted by GCUC on the Websites from time to time; (b) are involved in an incident with a vehicle that, in GCUC's sole discretion, renders You ineligible or inappropriate for continued use of the Services; or (c) engage in any activities or conduct that GCUC, in its sole discretion, determines to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable.
19.2 These Terms and Conditions will survive any termination of Your account with respect to any prior dealings between the parties, any use of the Services, and any subsequent claims or disputes between the parties.
20. THIRD PARTY SERVICES AND MATERIALS
20.1 The Services or Websites may display, include, or make available content, data, information, applications, or materials from third parties ("Third Party Materials") or provide links to certain third party websites. This could include, without limitation, Third Party Materials regarding used motor vehicle specifications, availability, or pricing. By using the Services, you acknowledge and agree that GCUC is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. GCUC does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You. Neither GCUC, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Services.
20.2 Third party services and Third Party Materials that may be accessed from, displayed on, or linked to from the Websites are not available in all languages or in all countries. GCUC makes no representation that such services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. GCUC, its affiliates, and licensors reserve the right to change, suspend, remove, or disable access to such services or Third Party Materials at any time without notice. In no event will GCUC be liable for the removal of or disabling of access to any such services or Third Party Materials. GCUC may also impose limits on the use of or access to such services or Third Party Materials, in any case and without notice or liability.
21. TRANSPORTATION OF VEHICLES
GCUC is not responsible for the transportation of any vehicles sold on this platform.
22. CHOICE OF LAW
These Terms and Conditions will be governed by the internal laws of the State of Georgia (U.S.A.), where GCUC maintains a headquarters, and without regard to Georgia's internal conflicts of law analysis, provided that the parties' Arbitration Agreement shall be governed by the Federal Arbitration Act per Section 12.3.
23. LIMITED POWER OF ATTORNEY; ELECTRONIC SIGNATURES
23.1 For value received, You hereby irrevocably appoint GCUC to be Your agent and attorney-in-fact with full and complete authority to, on Your behalf, take all steps, do all things, and authenticate, sign, e-sign, or otherwise acknowledge any and all documents, including but not limited to odometer disclosure statements, title documents (including applications for duplicates), bills of sale, invoices, and transportation instructions/orders, in each case as deemed necessary, incidental, desirable, or expedient by us, in our sole judgment, for any purchase or sale of a vehicle made under these terms and conditions, for the provision of any goods and/or Services hereunder, and/or to assist us with our efforts to collect payment for such goods and/or Services. You acknowledge that You may be required to execute, and You hereby agree to execute, such valid power of attorney document(s) covering the foregoing activities and authority as GCUC may request from time to time in its reasonable discretion. For greater certainty, where any applicable jurisdiction requires a valid power of attorney to be physically signed, in the presence of a witness, and/or imposes any other requirements, You hereby promise to do such acts as required to appoint GCUC as Your limited power of attorney.
23.2 You acknowledge and agree that You and we may, from time to time, find it expedient to utilize electronic signature(s), acknowledgement(s), consent(s), click-through(s), or other approval(s), direct or indirect, for bills of sale, receipts, titles, and other documents or disclosures necessary or incidental to the transaction of business through GCUC, whether online, in emails, or otherwise, which makes Your business with us easier, faster, and more efficient. To that end, You agree that any such forms of approval from You will be effective and binding upon You, in the same manner as a handwritten signature, where circumstances indicate your intent to be bound and/or we choose to rely on such approval(s), and may be documented by us, in our discretion, on paper or digital versions of such records, by printing your name, noting “signature on file,” or using any other similar convention. You further acknowledge and agree that any electronic or digital signature contemplated herein or utilized or accepted by GCUC shall be deemed to satisfy all requirements imposed on electronic or digital signatures under the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”), and any other similar laws relating to the validity or enforceability of electronic or digital signatures (including without limitation, any enactment of the Uniform Electronic Transactions Act (UETA)), and such electronic or digital signature shall not be denied legal effect, validity, or enforceability solely because it is in electronic or digital form.
24. UNDERSTANDING OF TERMS
You acknowledge and agree that you understand these Terms and Conditions of Use written in English and that you have sought the help of an attorney and/or translator as you deem necessary to understand them. The parties agree that this Agreement, and all correspondence and all documentation relating to this Agreement, is and will be written in the English language. Any separate explanations or translated versions of any of these terms offered by GCUC is provided as a courtesy only.
All Rights Reserved | Glynn County Used Cars
Need a website? Visit www.xenbunny.com