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These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and Wheelzy, LLC ("Wheelzy", "we", "us", "our"). By accessing or using the website located at https://wheelzy.com (the "Website") and the services provided therein ("Services"), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Website or the Services.
Wheelzy reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
The Website and Services are intended solely for users who are eighteen (18) years of age or older and who reside in the United States or its territories. By using the Website, you represent and warrant that you meet these eligibility requirements. The Website is not intended for children under the age of thirteen (13), and Wheelzy does not knowingly collect personal information from children under 13.
Wheelzy provides a platform that facilitates the sale of vehicles by connecting sellers ("Sellers") with buyers ("Buyers") and carriers ("Carriers"). Wheelzy does not guarantee the accuracy of any information provided by users and is not responsible for any transactions or interactions between users. Users are responsible for providing accurate information and maintaining the confidentiality of their account credentials.
An "Offer" is a proposed amount or service by a Buyer for a Seller's vehicle. Acceptance of an Offer constitutes a binding agreement between the Seller and the Buyer. Offers are contingent upon the accuracy of the vehicle and personal information provided by the Seller. Sellers must ensure that all provided information is accurate and truthful.
Guaranteed offers are based on the accuracy of the information provided by the Seller and are subject to vehicle inspection. Should any original parts be missing, such as the catalytic converter being absent or replaced with an aftermarket part, or the vehicle not matching the description provided by the Seller, then the offer may be subject to recalculation. In such instances, the Seller retains the option to accept or decline the revised offer.
Payments for vehicles may be made by Wheelzy or third-party Buyers and partners. Wheelzy may facilitate these transactions but does not guarantee payment by third-party Buyers. Payment methods can include cash at pick-up, physical checks, electronic checks, and mailed checks. Payment is processed upon confirmation of vehicle pick-up and verification of its condition and documentation. Wheelzy may, at its sole discretion, assist with issues regarding payments between Sellers and third-party Buyers; however, Wheelzy disclaims any liability for such disputes and is not responsible for resolving or being held accountable for any payment issues that arise between Sellers and third-party Buyers.
Carriers are prohibited from transporting hazardous materials or certain vehicle types, such as motorcycles, heavy equipment, trailers, motorhomes, RVs, or boats. Services are strictly limited to passenger vehicles. Hazardous materials include, but are not limited to, explosives, radioactive materials, flammable gases and solids, and toxic substances.
All content, software, and technology on the Website are the property of Wheelzy or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-transferable, non-sublicensable, revocable license to access and use the Website solely in accordance with these Terms. Unauthorized use of the Website or any of its content is strictly prohibited.
You acknowledge that in the course of using the Services, you may obtain confidential information relating to Wheelzy. All such information shall remain the sole property of Wheelzy and you agree to maintain the confidentiality of such information. Disclosure of confidential information to third parties, especially competitors, is strictly prohibited and will be subject to legal action.
Users agree not to: (i) violate any laws or regulations; (ii) provide false information; (iii) impersonate any person or entity; (iv) interfere with the security or functionality of the Website; (v) share their password or allow unauthorized access to their account. Any unauthorized activity may result in termination of your account and legal action.
The Website may contain links to third-party websites or services. Wheelzy is not responsible for the content or actions of these third-party websites or services. Use of third-party websites or services is governed by their respective terms and conditions.
To the fullest extent permitted by law, Wheelzy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of the Website or Services; (ii) any unauthorized access to or use of our servers; (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party; (v) any errors or omissions in any content; and (vi) any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Wheelzy has been informed of the possibility of such damage.
You agree to indemnify, defend, and hold harmless Wheelzy, its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Website or Services, your violation of these Terms, or your violation of any rights of another.
Wheelzy reserves the right, in its sole discretion, to terminate your account, delete your profile and any of your content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Wheelzy also reserves the right to block users from certain IP addresses and prevent access to the Website.
These Terms and any disputes arising out of or in connection with these Terms or the Website or Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by negotiation between the parties. If the parties are unable to resolve the dispute through negotiation, either party may bring an action in the state or federal courts located in Orange County, Florida.
In the event of a change of control of Wheelzy or the sale of substantially all of Wheelzy's assets, all rights of Wheelzy hereunder shall be transferable without notice to you.
All remarks, suggestions, ideas, graphics, photographs, or other information ("Submissions") communicated to Wheelzy through this Website will forever be the property of Wheelzy. By making a Submission, you grant Wheelzy a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free license to use your Submission for any purpose.
Users may submit content to the Website. By submitting content, you represent that you own or have the right to use the content and grant Wheelzy a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free license to use the content in any manner. You agree not to submit any content that is illegal, offensive, or infringes on the rights of others.
Your use of the Website and Services is subject to Wheelzy's Privacy Policy. By using the Website and Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
The failure of Wheelzy to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms constitute the entire agreement between you and Wheelzy regarding the use of the Website and Services and supersede any prior agreements between you and Wheelzy.
For questions, contact us at privacy@wheelzy.com
Wheelzy, LLC
109 E Church Street Ste # 500
Orlando, FL, 32801
855-664-1823