TERMS AND CONDITIONS

Updated March 11, 2024

WELCOME!

We are excited that you have decided to use our services on our website www.carsfromwest.com (Website). Thank you! We hope you enjoy your stay with our company.

These terms and conditions (Agreement) will explain what we do, our responsibilities to each other, fee structure, membership roles, etc. As used in the Agreement, ‘you’ or ‘user’ refers to the individual or entity accessing the Website, ‘we’, ‘us’, ‘Company’ or ‘CARSFROMWEST” refers to Grand Auto Solutions Inc dba CARSFROMWEST, and the ‘parties’ means you and CARSFROMWEST.

The Website consists of various web pages operated by CARSFROMWEST. By using the website you agree with our terms, conditions, and notices contained herein without modification of the terms, conditions, notices, Member Terms and Conditions of Copart, Inc. (‘Copart’) (https://www.copart.com/Content/US/EN/Member-Terms-and-Conditions) and Terms and Conditions of Insurance Auto Auctions, Inc. (Terms of Use | IAA-Insurance Auto Auctions).

Please read the following terms carefully, and keep a copy of them for reference. Although we have tried to make the Agreement brief and simple, there are places within this document where this Agreement may still read like a traditional contract. There is a good reason for this; the Agreement forms a legally binding contract between you and the Company.

1. ABOUT US

CARSFROMWEST is a wholesale/retail business registered in the state of Florida. The company is a registered buyer at Copart and a licensed broker of the IAAI. We provide broker services for buying cars, motorcycles, motor homes, and any other motorized equipment for users through our Website for a nominal fee. You do not have to register at Copart or IAAI in order to bid on any lot. CARSFROMWEST reserves the right to use 3rd party dealer services to purchase cars and do paperwork.

2. USING OUR WEBSITE

You may only use our Website as permitted by this Agreement and any applicable laws. For example, do not interfere with our Website or try to access it using a method other than the interface and the instructions we provide.

3. REGISTRATION

Joining our Website is fast and easy! To get started go to the CARSFROMWEST registration page (https://carsfromwest.com/en/register); fill out the form and confirm your information. After registering, we require a government-issued photo ID or business license from you via email. You can also upload it online via your back office on our Website. This is required to be stored on file before you place any bids.

4. MEMBERSHIP

What is the fee to become a member of CarsFromWest: Online Cars Auctions in the USA - salvage cars on Copart and IAAI?

With our free Starter membership, you can bid on items during the Preliminary Bidding. Your transaction fee will be 5% of purchase price with a minimum of $349 USD, whichever is greater. All fees you can check in our price calculator before bidding.

Memberships, once created, belong to the user only, and are not transferable to another person or entity.

5. REFUNDABLE SECURITY DEPOSIT

Before you can bid on and purchase vehicles through our Website, the Company requires a refundable security deposit (Deposit). This can be either $600 USD or 10% of your allowed bidding limit. A deposit of $600 USD grants you the ability to bid on a vehicle up to $6,000 USD. Similarly, a deposit of $2,000 USD permits bidding up to $20,000 USD. To increase your bidding limit at any time, visit the deposit page in your Account.

If the request is done via Buy It Now, the deposit should be a minimum of $1,000 or 15% of the Buy Now price.

The deposit can be filed via payment card or bank wire. Please note: a wire transfer fee in the amount of $25 USD is already included in the invoice. In case of a refund or by using wire transfers for partial payment towards your final invoice, a $45 USD charge will apply.
When you make a deposit using a payment card, we will hold it without any charges for 7 days. If you place an active bid or purchase a car, the deposit will be processed and remains valid for 45 days. You can request a refund of the deposit at any point. Submit your requests either via email using the registered account email address or directly through your account. Please note that a 4% payment card processing fee will be deducted during a refund due to third-party transaction costs for domestically issued cards (USA). For international cards, the processing fee is 5%.

Wire Transfer and Zelle Refund Policy:

If a user opts to deposit funds via wire transfer or Zelle for a transaction with CARSFROMWEST, it's understood and agreed that refunds for such deposits will only be made to the individual registered with CARSFROMWEST at the time of the transaction. For instance, if John Watson is the registered user, any deposit he makes via wire transfer or Zelle will be exclusively refunded to John Watson.

Please note that this is just an example, and the actual registered individual's name will be used in accordance with the customer's registration with CARSFROMWEST.

6. PLACING A BID OR CREATING A BUY NOW REQUEST

Bidding starts when the vehicle is assigned a sale date and continues until one hour (cut-off) before the ‘Live Auction’. You can submit the maximum price you are willing to pay for the vehicle on the vehicle page. You can retract, lower, make it higher, or cancel the bid any time before the cut-off.

We also allow you to place requests for the lots with ‘Buy Now’ options. You can create a ‘Buy Now’ request from the lot page until one hour (cut off) before the ‘Live Auction’. We will place a request at the auction site and try to negotiate the purchase. We do not guarantee that your ‘Buy Now’ request will be fulfilled as this depends on the final decision of the seller on the auction site. You cannot change\cancel your ‘Buy Now’ request after its creation since it will be processed immediately by the manager (as soon as you created it).

You cannot change your bid after the cut off. Beyond the cut off, CARSFROMWEST registers your ‘Bid’ at the auction site automatically as a proxy bid, and we are unable to retract, lower or cancel the bid at the auction’s website. If an auction ends with the ‘User’ as a high bidder, the ‘User’ will be obliged to either purchase the vehicle or forfeit his/her security deposit. All bids are final.

If the vehicle is won ‘On Approval’ or ‘Minimum Bid’, we will negotiate the final price on your behalf with the seller. We may contact the bidder if the negotiated price goes over the maximum bid amount. We reserve the right to increase the bidding amount up to your maximum bid ‘On Approval’ and ‘Minimum Bid’ auctions without contacting you first. If you decide to stay at your winning bid - you need to contact the Company within one (1) hour after the ‘On Approval’ purchase.

During the auction, the Copart bidding platform VB3 will bid one bid increment at a time until your maximum bid over the preliminary bidding closed price. Please review Copart’s terms for detailed information.

IMPORTANT: Please note that we cannot guarantee the purchase of a lot in Wisconsin, Alabama, and Michigan.

7. BID REJECTION

Any supported automobile auction (Copart and IAAI) reserves the right to void bids for any reason at Copart’s or IAAI’s sole discretion. Should a dispute arise regarding a bid, the auction is the exclusive deciding authority in resolving disputes. Buyers agree to indemnify, defend, and hold harmless CARSFROMWEST, Copart, or IAAI depending on the lot from any and all liability arising out of decisions made in resolving disputes.

IMPORTANT: We reserve the right to cancel your bid at any time without providing a reason.

8. PROJECTED WIN BID FEATURE

CARSFROMWEST’s projected ‘Win Bid’ feature provides users with the ability to estimate the possible winning bid amount for a lot. The feature is intended to provide a reference for users and help you decide what amount to bid. This is for your information only. The user ultimately decides what amount gets bid on the auction lot.

9. BUYING

Congratulations! You have WON! This is indeed very exciting and CARSFROMWEST makes it super easy for you to complete the DEAL!

Once you have won the auction, you will get an instant notification via email and the ‘Lots Won’ menu under ‘My Account’. An invoice and wire transfer instructions will be emailed to you immediately. Users will pay the final bid price, applicable auction fees based on the final sales price, transaction fee, and documentation fee direct to CARSFROMWEST.
Payment for won vehicles must be paid by wire transfer or Zelle only.
When you buy a car on our website you understand that you are purchasing a car from CARSFROMWEST or 3rd party and not Copart/IAAI. Users must sign a bill of sale and any other legal documents required by CARSFROMWEST, and provide a valid copy of a government-issued ID in order to receive the transferred vehicle title.
CARSFROMWEST can assign vehicle ownership to the user and user only, no other person than the user is permitted. CARSFROMWEST may not release the title of the bought vehicle for any reason it deems justified, such as but not limited to, remaining balance on the account, incomplete or missing documents, and suspicious activity on the account. Also, see the section named ‘Title’ in this document for additional information.
When purchasing internationally, users are fully responsible for all proper documentation, duties, customs, and fees associated with exporting a vehicle from the country of origin, and importing to the destination country.

10. PERSONAL ACCOUNT BIDDING EXAMPLE

John pays an $800 USD deposit by bank wire. His account is supplied with an $8,000 bidding limit. He can bid on one car up to $8,000 USD. John bids $5,000 USD on a car. His bidding limit shows $3,000 USD, but John cannot bid on other cars because the minimum bid amount should be $6,000 USD (10%/$600 USD minimum deposit requirement). John does not win the car, $5,000 USD is returned to his bidding limit, and an updated bidding limit shows $8,000 USD. He places a $7,500 USD bid on the other car. He wins it for $6,000 USD. He receives an invoice for the car immediately. He cannot bid any more. John pays the full amount within 2 days. His payment due is $0, his deposit of $800 is returned to the account. He can bid on another car or he can request to refund his deposit.

11. TRANSACTION FEE

The Company charges a transaction fee based on the user’s membership plus a documentation fee of $99 USD for each lot purchased in addition to any auction fees (Copart or IAAI, depending on the lot auction). Transaction fee for Starter account is 5% of purchase price with a minimum of $349 USD, whichever is greater.The user agrees to pay these fees in full prior to picking up the car and/or title being transferred into the user’s name.

12. PURCHASE PAYMENT

Only wire transfer, Zelle and debit card can be used for car payment. No credit cards, no cash, no cashiers check. Purchase should be paid within 2 (two) business days, including the sale day. For example, you purchased a car on March 1st. CARSFROMWEST needs to receive your payment by 5:00 pm Eastern time on March 2nd. An additional fee will be charged for each duplicate salvage certificate or bill of sale requested. After two business days you will be charged a $50 USD late fee on Copart, or $50 or 2% of the selling price of the vehicle, whichever is greater, for IAAI.

Deposit via wire transfer or Zelle can be used as partial payment for the invoice or towing fees. Deposit via bank card can be used as partial payment for the invoice only if it is a debit card, minus a 4% third-party transaction fee. To accept a bank card, we require a photo with a handwritten authorization (text provided), with your signature on a piece of paper, physical card (with only the last 4 digits visible), and a valid ID attached to the letter. Credit card payment might be used only for shipping assistance.

There is no buyer's remorse period. All sales are final. If payment is not made by the 7th (seventh) day after the sale or is canceled by you, you will be charged a relist fee of $600 USD or 10% of the sale price, whichever is greater, if purchased from Copart, or $1000 or 15% of the sale price, whichever is greater, if purchased from IAAI. Additionally, you are responsible for paying a transaction fee to CARSFROMWEST, a documentation fee, and any storage or late fees. These fees will be deducted from your deposit or charged to the card on file. CARSFROMWEST becomes the legal owner of the car, and your deposit with CARSFROMWEST will be forfeited. Each customer is allowed only one relist. If this occurs again for the same customer, their access to CARSFROMWEST will be permanently revoked.

In case of refusal to accept the vehicle after the payment user takes responsibilities of all fees associated with reselling vehicle at the auction or on his own. Transaction fee paid to CARSFROMWEST is not refundable.

13. PICK UP VEHICLES

The auction winner is responsible for a timely pickup and all storage fees, if accrued. You have 5 (five) days since the day of purchase to pick up the vehicle. If not picked up within 5 (five) days of the purchase you will be charged a storage fee of $20 USD per day at Copart. IAAI storage fees are location-dependent, so may vary depending on the lot. Please refer to their website for a detailed quote. Usually IAAI provides 2 (two) days including the day of purchase to pick up the car.

Vehicles purchased and not removed from the location by 4:45 pm (Copart’s purchased facility time) on the final pick-up day will be moved to the locked storage area and will only be released upon payment of an additional gate fee, as well as all storage fees that have accrued.
The user is fully responsible for vehicle pick up and storage fees. Users understand and acknowledge that no matter what the condition of the vehicle is, it is not allowed to legally drive on the road until car registration and/or State DMV inspection. All vehicles must be towed or transported to their destination when taken out of the Copart facility.
Certain vehicles are not stored at the main Copart location listed. These are either designated as an ’Offsite Sale’ or are located at a Copart designated sub-lot. The pickup location will be noted on the lot details page, in the notes section. Contact the listed pickup location for information regarding preview, payment, or pickup hours.
The shipping price shown on the website is an estimate typically based on a car in run-and-drive condition. The actual price can vary depending on the location, delivery address, seasonal spikes, and fuel price increases. Units that require special handling, such as those without the ability to run and drive or without keys, may incur additional loading and unloading costs. This additional cost and arrangement (unloading precisely, such as having a forklift or an additional tow truck to unload) is solely the buyer's responsibility. If delivery cannot be completed because there was no way to unload the vehicle, the buyer is responsible for any incurred costs. The shipping price for boats, heavy-duty trucks, or oversized vans is usually double the normal price, and we cannot guarantee their transportation. Please request a shipping quote before bidding or make arrangements with your own movers prior to bidding.
There is no buyer's remorse period. All sales are final. If pickup is not made by the 10th (tenth) day after the sale or storages accrue over $500, CARSFROMWEST becomes the legal owner of the car. Vehicle will be sold and proceedings go to cover storages and sale fee.
IMPORTANT: If you buy any lot from Florida, you cannot move it on your own. CARSFROMWEST will move your lot for you. This is mandatory, or the user will have to pay taxes from their state to CARSFROMWEST.

14. TRANSPORTATION SERVICES

CARSFROMWEST is not a car hauler, but can arrange a third-party tow providers per User request. Please contact us for the best available quote or check our prices on the lot pages under ‘Price calculator’.

We need to receive the request on the same day you win the auction. Shipping costs and other shipping-associated fees must be paid in advance by the user. CARSFROMWEST acts as a shipping broker and does not assume any responsibility for, but is not limited to, damages during transportation, any other associated losses during shipment, shipping delays, issues with loading/unloading, extra costs to unload, etc.

This is the sole liability and responsibility of the shipping company and not CARSFROMWEST. CARSFROMWEST is also not responsible for any storage fees or extra gate fees if the shipping company picks up the lot late.

Export

If an overseas country is not listed in the export options on our website's shipping calculator, the user must verify with CARSFROMWEST whether shipping to that destination is possible before making a purchase. Alternatively, the user must arrange their own shipping solution.

If CARSFROMWEST exports the car, the User is responsible for all fees related to the shipping of the vehicle. If the vehicle arrives at the destination port without payment received, CARSFROMWEST will add a $500 fine. Without full payment, CARSFROMWEST will not issue a release. If payment is not received within 15 days of the arrival at the destination port, CARSFROMWEST becomes the legal owner and will sell the car to cover the cost of shipping.

15. TITLE

The title will be released to the User once CARSFROMWEST has received full payment, reassigned the original title, and obtained the User’s electronic signatures on the required paperwork. After these conditions are met, the title will be mailed to the address the User has on file.

Important: The User should note that CARSFROMWEST must first receive the title from the auction before it can be mailed to the User. Please allow up to 30 days to receive the title. Under no circumstances will the title be released at the time of vehicle pick up.
E-signature: The User must provide an electronic signature on the necessary documents to complete the paperwork processing. Required documents for e-signature include the Bill of Sale and, when applicable, the Declaration Affidavit (the latter is required only if the vehicle is purchased through a company in Florida). If the documents are not electronically signed by the User, CARSFROMWEST reserves the right to retain them until the required signatures are provided.
Duplicate title: In the event of a purchased vehicle’s title being lost/misplaced by you or mailed without tracking #, or lost by postal company, you can request a duplicate title through the Company. An additional fee of $150 USD will apply to process this request.
Unreceived or Unclaimed Documents: All documents are sent via FedEx/UPS and require direct signature confirmation upon receipt. If the documents are either not received or claimed by the User and are returned to CARSFROMWEST, a fee of $80 will be charged for reprocessing and resending the documents. CARSFROMWEST is not responsible for any delays or potential loss of paperwork incurred by the mailing company. It is the User's sole responsibility to ensure the receipt of documents.
Pending Title: Exercise caution when bidding on vehicles labeled with a "title pending" status. This designation indicates that the vehicle’s title is not yet available. In such cases, you may incur storage fees if the vehicle remains at the auction yard while awaiting title readiness. Additionally, shipping companies may impose storage fees if they are required to hold the vehicle at their facilities. Typically, the title is ready within up to 45 days, but there have been instances where the process extended to several months. CARSFROMWEST is not responsible for any fees incurred due to delays in title preparation.
Delays: CARSFROMWEST is not liable for any complications, storage fees, or registration issues resulting from title delays due to Pending state, Duplicate process, or Unclaimed statuses. In such instances, all inquiries should be directed to the auction house or the DMV. While CARSFROMWEST is not responsible for these delays, we are committed to providing assistance wherever possible to mitigate the inconvenience.

16. REGISTRATION AT THE DMV

The user is responsible to register the car on their own. The user is responsible for any possible DMV fees. The user is also responsible for any collection fees if they do not complete the ownership transfer on time. The user is responsible to verify whether car can be registered in his/her state before purchasing the car.

17. REGISTRATION LAWS DISCLAIMER

CARSFROMWEST makes no representations, warranties, or guarantees that vehicles sold can be legally registered in every state or country. The User acknowledges and accepts all risks and responsibilities associated with the variations in vehicle registration and titling laws across different states, provinces, and countries, which can affect the marketability and legal status of purchased vehicles. For instance, a vehicle purchased with a clean title in one State "A" might be required to have a salvage title if sold or registered in State "B" due to differing legal requirements and regulations.

CARSFROMWEST recommends ordering a NMVTIS report (similar to CarFax or Vin.Doctor) to check the car's history and any notes on salvage records or Total loss. If any salvage records or Total loss are present, it is the User’s responsibility to verify with their specific state or jurisdiction that the vehicle can be legally titled and registered.

18. PRIVACY STATEMENT

The user’s use of our Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

19. ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to CARSFROMWEST constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures, and other communications that CARSFROMWEST provides to the User electronically, via email or on the Website, satisfy any legal requirement that such communications would be in writing.

20. EMAIL NEWSLETTER

By registering at our Website or doing electronic communications with CARSFROMWEST you agree to receive marketing and promotional materials via email. We will not send SPAM to the user’s email account or share email with 3rd parties.

21. DATA SECURITY POLICY

We take the appropriate and reasonable measures to ensure that data transported electronically to us through the website or otherwise and stored by us or otherwise is not accessed by an unauthorized third party/parties.

You accept the risk that data transmitted electronically to us via this website or otherwise may be intercepted before reaching us, or accessed from our data storage means by third parties' unauthorized by us, and may be exploited unlawfully by such unauthorized third parties. We do not assume responsibility for guarding against the access of such unauthorized third parties'. We do not store credit or debit card details on our site.

22. VIRUSES AND OTHER COMPUTER MISUSE

We do not guarantee in a particular way that our website shall be entirely free or secured from bugs, viruses or other malicious contents. You are responsible for configuring your computer programs, gadgets, information technology, and platform to access our site. You are advised to always use your own virus protection software.

You also agree not to misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would be construed to have committed a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

23. USER ACCOUNT

The user is responsible for maintaining the confidentiality of their account, password, and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.

A separate account would need to be created for the latter. You acknowledge that the Company is not responsible for third-party access to your account that results from theft or misappropriation of the account.
CARSFROMWEST and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at the Company’s sole discretion. The company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with the permission of a parent or guardian.

24. WAIVER AND RELEASE OF LIABILITY

The User acknowledges and understands that the purchase of a vehicle carries inherent risks, including but not limited to potential mechanical failures and the loss of paperwork or titles. The User voluntarily assumes all risks associated with this purchase.

The User acknowledges the need to verify information independently and ensure understanding of the purchase, rather than relying solely on the information provided on the website. Furthermore, the User acknowledges that CARSFROMWEST is not liable for any misrepresentation of the make, model, or trim of the vehicle.

The User agrees to release, waive, discharge, and covenant not to sue CARSFROMWEST, its officers, agents, or employees, from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by the User or to any property belonging to the User, WHETHER CAUSED BY THE NEGLIGENCE OF THE CARSFROMWEST or otherwise, to the fullest extent allowed by law.

25. COPART DISCLAIMERS

You agree that you have read Copart’s member terms and conditions in full and understand its content (https://www.copart.com/Content/US/EN/Member-Terms-and-Conditions). Except as otherwise expressly provided by applicable law, all vehicles sold through Copart are sold ‘AS-IS WHERE-IS’, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

26. IAAI DISCLAIMERS

The user agrees they have read IAAI’s member terms and conditions in full and understand its content (Terms of Use | IAA-Insurance Auto Auctions). Except as otherwise expressly provided by applicable law, all vehicles sold through IAAI are sold ‘AS-IS WHERE-IS’, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

27. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

Users are granted a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with these terms of use. As a condition of use of the use of our website, the user warrants to the Company that he/she will not use the Website for any purpose that is unlawful or prohibited by these Terms. Users may not use the Website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the Website.

Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

Users agree to observe and abide by all copyright and other proprietary notices, intellectual property, or other restrictions contained in any such content and will not make any changes thereto. Users will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our Website. Company content is not for resale. User use of the Website does not entitle the User to make any unauthorized use of any protected content, and in particular, the user will not delete or alter any proprietary rights or attribution notices in any content.

Users will use protected content solely for his/her personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. The user agrees that he/she does not acquire any ownership rights to any protected content. The Company does not grant a user any licenses, express or implied, to the intellectual property of the Company or the Company’s licensors except as expressly authorized by these Terms.

28. CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the applicable United States federal laws and by the laws of the State of California, without reference to "conflicts of laws" provisions or principles.

29. GENERAL CONDITIONS

All rights to this Website, the content, information herein and other services and materials made available on this Website, including software application, copyright information and proprietary notices that may be provided, (collectively the "Materials") are proprietary to us, subsidiaries, or third parties from which we have gotten permission from and are protected by worldwide copyright laws as well as other intellectual property laws. All rights not expressly granted under these Agreement of Use are retained by us and such third parties or subsidiaries.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You may not in any way modify, delete, remove, augment, add to, transmit, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit any of such Content, in whole or in part herein this website. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

30. INTERNATIONAL USERS

The Website is controlled, operated and administered by the Company from our office within the USA. If you access the Website from a location outside of the USA, the user is responsible for compliance with all local laws. The user will agree that they will not use the Company content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

31. INDEMNIFICATION

Users agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney fees) relating to or arising out of the User’s use of or inability to use the Website or services, or the User’s violation of any terms of this Agreement or the User’s violation of any rights of a third party, or the User’s violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event, the User will fully cooperate with the Company in asserting any available defenses.

32. SEVERABILITY

IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.

33. FORCE MAJEURE

In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, customs exams, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Company shall use reasonable efforts which are consistent with accepted practices in the export industry to resume performance as soon as practicable under the circumstances.

34. ARBITRATION

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law, or in equity for damages or any other relief, then such disputes shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

The arbitrators' award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of, or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney fees.
The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

35. CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both the user and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

36. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARSFROMWEST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME. CARSFROMWEST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS“ WITHOUT WARRANTY OR CONDITION OF ANY KIND. CARS WEST LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARS WEST LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARSFROMWEST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

37. TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate the User’s access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and the user hereby consents to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

The user agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company, as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

38. THIRD-PARTY SITES AND CONTENT

The Website may contain content from websites controlled by parties other than CARSFROMWEST. Website content from Copart and\or an IAAI website is one of those parties. CARSFROMWEST is not responsible for and does not endorse or accept any responsibility for the content or use of these third-party websites.

CARSFROMWEST is providing this content to you only as a convenience, and the inclusion of any link does not imply endorsement by CARSFROMWEST of the linked website. It is the user’s responsibility to take precautions to ensure that whatever the user selects for their use is free of viruses or other items of a destructive nature.

39. CHANGES TO WEBSITE

We are constantly changing and improving our Website. We may add or remove functionalities or features of the Website at any time to improve the User’s experience for the better.

40. CHANGES TO TERMS AND CONDITIONS

The company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The company encourages you to periodically review the Terms to stay informed of our updates.

41. CONTACT US

CARSFROMWEST welcomes your questions or comments regarding the Terms and conditions:

CARSFROMWEST
18580 East Colonial Drive #619
Orlando, FL 32820
Phone: +1-877-570-5775
E-mail: [email protected]