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User Agreement

User agreement

 

Introduction

This User Agreement, the Repokar Privacy Policy, and all policies posted on our sites set out the terms on which Repokar offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and the Repokar Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when accessing and using our Services.

The entity you are contracting with is Repokar, 1945 Gardena Ave, Glendale, CA 91204 if you reside in the United States.

This User Agreement is effective upon acceptance for users who accept it through registration of an Repokar account.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

About Repokar

Repokar is a marketplace that allows users to offer, sell and vehicles in a variety of pricing formats and locations. As a marketplace, Repokar does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. Repokar is not a traditional auctioneer.  

While we may provide pricing, shipping, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, Repokar has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

 

Using Repokar

While using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; 
  • fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Buyer Plicy);
  • fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems (see our Feedback Policy);
  • transfer your Repokar account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Repokar, or the interests or property of Repokar users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Repokar application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Services or Repokar's copyrights and trademarks; 
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Repokar and the appropriate third party, as applicable;
  • commercialize any Repokar application or any information or software associated with such application; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

 

Abusing Repokar

Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the Repokar community or reduce our or another Repokar user's exposure to financial liabilities
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
  • despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
  • you fail to pay us all fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.

 

Fees

The fees we charge for using our Services are listed on our Seller fees page. We may change our fees from time to time by posting the changes on the Repokar site 14 days in advance, but with no advance notice required for temporary promotions.

You must have a payment method on file when selling on Repokar and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject the late fees. Repokar, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Repokar reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Repokar Inc., 9735 Glenoakes Blvd, Lso Angeles, CA 91352. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Repokar account, you must contact the collection agency directly.

 

Listing Conditions

When listing an item, you agree to comply with listing rules and Sellers Policy and that:

  • You are responsible for the accuracy and content of the listing and item offered.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Repokar can't guarantee exact listing durations.
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller's history, Detailed Seller Ratings, and Feedback; and
    • number of listings matching the buyer's query.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.  

  • Some advanced listing upgrades will only be visible on certain Services.
  • Repokar's Duplicate Listing Policy may also affect whether your listing appears in search results.

Purchase Conditions

When buying an item, you agree to the Buyer's Rules and that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
  • For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
  • We do not transfer legal ownership of items from the seller to the buyer.
  • Utah Code Annotated 70A-2-401(2) and Uniform Commercial Code 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

International Buying and Selling

RepoKar doesn't offer currently any type of services for international buyers.

 

Content

When providing us with content or posting content using Repokar's Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.

We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including Repokar users). You may use catalog content solely in connection with your Repokar listings.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works bases on catalog content (other than by including them in your listings).

 

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.

 

Holds

To protect against the risk of liability, Repokar may ask Paypal to hold the payment to the seller unless the Buyer confirms the successful completion of the car purchase.

 

Authorization to Contact You

You agree to receive calls, including auto-dialed and/or pre-recorded message calls, from Repokar at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Repokar.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto dialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Repokar corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy. Members of the Repokar corporate family and/or our affiliates will only contact you using auto-dialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.

 

Additional Terms

  • Transaction Cancellation

Repokar offers the the Buyer if available to purchase a Post sale car instruction to verify if the car condition described in the car listing by seller is accurate. If the Seller offered this option to Buyer and Buyer has Purchased it, the Seller is obligated to Bring the car to a certified Car Inspection Service which includes but not limited to: Authorized car dealer Shop, Licensed individual Car shop. If the Car inspection results will show damages on the car not indicated in the original Condition report disclosed by seller in value of $250.00 or more the Buyer has an automatic right to request the transaction cancellation with and a right of not to pay for the car inspection. In this case buyers obligation to buy the vehicle becomes obsolete but the seller will still have to pay any fees related to this transaction.

 

  • Shipping Program

Repokar affiliates with U-Ship to for an optional car shipping option the buyer may choose to use. Please note U-Ship is a third party transportation marketplace, primarily serving the freight, household goods and vehicle shipping markets. If a Buyer uses this service to have the vehicle shipped, the buyer needs to understand that Repokar will not be responsible or liable for the shipping process because this process will be subject to U-Ship Terms and Conditions.

  • Repokar Dispute Center

Most Repokar sales go smoothly, but if there's a problem with a purchase, Repokar Buyer Protection helps buyers and sellers communicate and resolve issues. Buyers and sellers agree to comply with the policy and permit us to make a final decision on any Repokar Buyer Protection case.


If a seller is required to reimburse the buyer or Repokar for an Repokar Buyer Protection case, the seller authorizes Repokar to remove the reimbursement amount (in same or other currency) from their PayPal account. The seller is required to have a valid payment method on file. If there are insufficient funds in the PayPal account, the seller authorizes Repokar to charge any reimbursement amount owed to the payment method on file. We may also place the reimbursement amount on the seller's invoice. If seller does not provide Repokar with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.


We may suspend the Repokar Dispute Policy without notice if we suspect abuse or interference with the proper working of the policy.

 

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Repokar's applications may not occur in real time. Such functionality is subject to delays beyond Repokar's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Repokar responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Repokar responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, shipping or other guidance provided by Repokar;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services; 
  • damage to your hardware device from the use of any Repokar Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing Repokar section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or 
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Repokar.com is Not a Lender

Repokar.com is not a lender or originator of loans or credit decisions with regard to financing for vehicles. We are also not an automobile dealership or brokerage. Our Financing program is a Consumer Connection service designed to help our customers connect with companies that are interested in helping facilitate or provide financing for vehicles. When you fill out our Credit Application form, we will forward it to one or more of our affiliate partners who will contact you and try to assist you with financing. Note that these lender or dealer affiliates may use the Credit Application form as a true credit application so it is important that you fill out the information completely and accurately. Our service is free to the consumer. We are compensated by the lender or dealer affiliates in our network for making the connection between them and a consumer. In addition, there is absolutely no obligation on the consumer's part to work with the lender or dealer affiliate(s) to which we connect them.

Limitations of Liability

NEITHER REPOKAR.COM, NOR ANY OF ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS, OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY OR ALL ERRORS, OMISSIONS, INACCURACIES, OR ANY OTHER DEFECTS IN THE INFORMATION AND CONTENT PROVIDED ON REPOKAR.COM. IN NO EVENT SHALL REPOKAR.COM, ITS OWNERS, PARTNERS, AFFILIATES, LICENSORS, OR ITS LICENSEES OR PROVIDERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, REPOKAR.COM OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH REPOKAR.COM, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA, EVEN IF REPOKAR.COM OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

You also acknowledge and agree that, without limitation to the foregoing, the entire liability, if any, of RepoKar.com, its owners, partners, affiliates, licensors, and licensees arising out of any kind of legal claim, whether in contract, tort, or under any other legal theory, arising out of your access to, or use of, or inability to use, RepoKar.com or any content, information, products or services made available through RepoKar.com will not exceed the amount that you paid to RepoKar.com, if any, for (i) the use of RepoKar.com or (ii) the amount that you paid for such information, products, or services.

Because some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, the previous disclaimer, exclusion, and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

 

Release and Indemnification

You agree to release, defend, and hold harmless RepoKar.com, its owners, partners, affiliates, licensors, and licensees from and against any and all claims, costs, demands, losses, damages, and expenses, including, without limitation, attorney’s fees, arising from or relating to: (i) your breach of this Agreement of Usage or for any matter for which you are responsible or liable under the terms of this Agreement of Usage, or (ii) any dispute between you and any third-party, including, without limitation, any other user, any advertiser, or any party to any actual, prospective or terminated sale or transaction. Note: if you are a California resident, you agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
 

Collection and Use of Customer Data

Please note that any and all personally identifiable information provided to us by you in your electronic communications to RepoKar.com is governed by the RepoKar.com Privacy Policy. The Privacy Policy is available on this Web Site. For a more complete description of our collection and use of personally identifiable information and other data, please read the Privacy Policy the terms of which are incorporated in this Agreement of Usage by reference.

Express Consent to be Contacted under the Telephone Consumer Protection Act (TCPA)

You acknowledge and agree that by filling out the required data and pressing any of the submit buttons, you give express consent to RepoKar.com and up to five (5) lenders, auto dealers, and/or other affiliates to contact you to help with processing your financing request and/or to provide other relevant offers. You also give express consent that RepoKar.com and these lenders, dealers, and/or other affiliates may contact you using automated dialing systems, text messages, automated and/or pre-recorded messages to any of the phone numbers provided by you even if the phone number(s) is/are on any corporate, state, or federal "Do Not Call" list. Note that consent is not required to receive services but it may be more difficult for RepoKar.com to place your financing application if you choose to decline this consent using the "decline" option on the RepoKar.com application form.
 

Use of Credit Reports

You acknowledge and agree that by filling out the required data on the RepoKar.com Credit Application, and by submitting that Financing Request through RepoKar.com you are affirming on behalf of the stated Applicant(s) the following: "I authorize any and all credit/finance partners and its employees, agents, and potential assignees to access, obtain and verify information about me (including one or more credit reports, information about my employment and banking, and credit relationships) that any of them may deem necessary or appropriate in evaluating my request for financing. I affirm that the Credit Application form may be used as a credit application by a lender or dealer affiliate. If my Credit Application is approved and credit is granted, I also authorize such parties to obtain additional credit reports and other information about me in connection with reviewing the account, taking collection on the account, or for any other legitimate purpose. I further understand that multiple credit reports may be obtained by multiple credit/finance partners in an attempt to process my request for financing.” I understand that by checking the box “A cosigner is available if necessary” that I may be asked to provide additional information about the individual named as cosigner and the cosigner will be asked to provide authorization to access and obtain the cosigner’s credit report.

State Law Disclosures

California Applicants:

In order for us to ensure compliance with the California Financial Privacy Act, if you are a California resident and wish to opt-out from the disclosure of your personal information to any third party for marketing purposes, please feel free to contact us at auctions@repokar.com Note that married applicants may apply for separate credit. An applicant who is married may include his or her spouse’s income even when he or she is applying for a separate account.

Data Security Measures

Repokar.com uses reasonable electronic, business procedural, and physical methods to protect, safeguard, and help prevent unauthorized access to user data.

WHILE WE BELIEVE THESE EFFORTS TO BE REASONABLE TO HELP ENSURE THE CONFIDENTIALITY OF YOUR PRIVATE AND PERSONAL INFORMATION, RepoKar.com DOES NOT WARRANT AND DOES NOT GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF CONFIDENTIAL DATA ON THE INTERNET.

Questions or Concerns

Thank you for reviewing our Agreement of Usage. Should you have any questions about this agreement, please contact us at auctions@repokar.com.