Terms of Use

Thank you for visiting the www.cashforcarsphilly.com website (referred to as “C4C” or the “Website”). Your use of the Website or any of its pages is governed by these Terms of Use, which are a contract between you the Website visitor and Evans Auto LLC doing business as Cash 4 Cars

 

General

The Website is owned by Evans Auto LLC, doing business as Cash 4 Cars (“We,” “Us,” “Our,” or “C4C”). C4C is a Pennsylvania Limited Liability Company, with offices at 424 West Lincoln Highway Suite 203 Penndel PA 19047 The purpose of the Website is to inform consumers (“You” or “Your”) and other Website visitors about our services. The Website may not be used or accessed under any circumstances by non-C4C vehicle wholesalers, retailers, or anyone else working for or in the vehicle-sales business other than in their individual capacity for personal, non-commercial use.

 

Your Consent to These Terms of Use

Please read these Terms of Use carefully. By accessing or using www.cashforcarsphilly.com, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please discontinue access and use of the Website.

We reserve the right to revise these Terms of Use at any time, for any reason, in our sole discretion. Any such changes will automatically be effective upon posting on our Website and You agree to be bound by such modifications, updates and revisions. Your continued use of the Website after We post revised Terms of Use, which will be reflected by the “updated date” at the bottom, signifies your acceptance of the revised Terms of Use. Therefore, it is important to check the Terms of Use each time you visit the Website. We may also terminate Your access to the Website, in whole or in part, at any time and without notice, including, without limitation, due to any violation by you of these Terms of Use.

Online Valuations Are for Informational Purposes Only and Are Not a Binding Offer The Website allows users to input their personal and vehicle information to obtain an initial online vehicle valuation. The initial online vehicle valuation is for information purposes only and is not a binding offer. Only after in-person inspection of your vehicle and related documentation at an official C4C location or agreed upon location might C4C, in its sole discretion, make a purchase offer for your vehicle. C4C makes reasonable efforts to create and update its proprietary online valuation system, but makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any online valuation.

FOR THE AVOIDANCE OF DOUBT, BY USING THE WEBSITE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT A VALUATION PRODUCED BY THE WEBSITE DOES NOT, UNDER ANY CIRCUMSTANCES, CONSTITUTE AN OFFER BY C4C TO PURCHASE A VEHICLE OR OTHERWISE BIND YOU OR C4C. YOU UNDERSTAND THAT ANY VALUATION IS SOLELY FOR INFORMATIONAL PURPOSES AND YOU HEREBY AGREE THAT YOU WILL NOT RELY ON A VALUATION TO YOUR DETRIMENT, OR IF YOU DO, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT WBAC MAKES OFFERS TO PURCHASE VEHICLES ONLY AFTER:

(I) THE COMPANY HAS HAD THE OPPORTUNITY TO CONDUCT AN ON-SITE VALUATION OF THE VEHICLE AND INSPECT ANY ADDITIONALLY REQUIRED DOCUMENTATION AND MATERIALS; AND

(II) A PHYSICAL EXAMINATION OF THE VEHICLE HAS BEEN CONDUCTED BY A QUALIFIED INSPECTOR ON BEHALF OF C4C. DUE TO THE USER DATA INPUT PROCESS AND THE INHERENT LIMITATIONS OF ANY ONLINE VALUATION SYSTEM, YOU UNDERSTAND THAT IN SOME CASES THE ONLINE VALUATION MAY NOT ACCURATELY REFLECT THE MARKET VALUE OF YOUR VEHICLE OR THE PRICE WE ARE WILLING TO PAY AND THEREFORE ANY OFFER WE MAKE MAY VARY FROM THE ONLINE VALUATION. ONLINE VALUATIONS ARE STRICTLY INFORMATIONAL.

Your Submission of Vehicle Information for the Online Valuation Notwithstanding the foregoing, you represent and warrant when submitting information for an online valuation on www.cashforcarsphilly.com or on the phone or text with a C4C: employee with the intent to pursue the sale of a vehicle that all information supplied during the online valuation process is accurate, up-to-date and complete.

Any offer we make following an initial online valuation and in-person inspection of the vehicle may be subject to additional terms and conditions, which C4C will convey at the time of the offer.

Reservation of Right To Report Suspicious Vehicle and Ownership Information to Law Enforcement C4C reserves the rights to inspect the Vehicle Identification Number (VIN) and other information You submit for each vehicle and reference it against various state and federal law enforcement databases. C4C may report all stolen cars with the Contact Information and other information You provided and may pursue all legal remedies against anyone trying to intentionally sell a stolen vehicle. In addition the owner of a vehicle must provide an accurate title to sell the vehicle failure to do so could result in legal remedies against the seller.

It is a violation of these Terms of Use for You to use this Website for illegal purposes, in violation of any applicable laws or regulations, or in violation of the rules of C4C or its service providers. C4C reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of this Website at any time.

Indemnification

By accessing and/or using this Website, You agree to indemnify, defend, and hold C4C, our subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by You of, these Terms of Use, or from any other unauthorized use by you of this Website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimer of Warranties

THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE, OR FREE OF ERRORS, VIRUSES, OR OTHER DEFECTS.

UNDER NO CIRCUMSTANCES, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ANY ONLINE VALUATION BE CONSIDERED AN OFFER TO PURCHASE A VEHICLE OR OTHERWISE BIND THE PARTIES.

We do not warrant that the functions or informational materials contained in or accessed through our Website is free of computer viruses, worms, malware, Trojan horses or other harmful components. Although we make a good faith effort to update the content of the Website periodically, we do not have a duty to update information contained on it, and we will not be liable for any failure to update such information.

Limitation of Liability

EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY SHALL WBAC OR ANY OF OUR PARENT COMPANIES, AFFILIATES, OR THEIR OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS, OR THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING THE LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGE ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSITE, REGARDLESS OF WHETHER WBAC OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, WBAC’S LIABILITY AND THAT OF ITS PARENT COMPANIES, AFFILIATES, OR THEIR OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS, OR THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES LAWS. IN NO EVENT SHALL C4C’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.

Miscellaneous

These Terms of Use constitute the entire agreement between You and C4C and govern your use of the Website and any information or services offered on it. This agreement supersedes any prior terms of use or other agreements between You and us concerning the use of this Website.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Pennsylvania without regard to conflict of law provisions. By accessing or using this Website, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Pennsylvania for resolution of any disputes arising out of or relating to these Terms of Use, or your use of the Website. You agree that, except as expressly provided in these Terms of Use (and other than Evans Auto LLC and its affiliates), there shall be no third-party beneficiaries of these Terms of Use.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to reflect, as nearly as possible, the original intentions of the parties and the remainder of the agreement will be enforced as written. Thank you for visiting our Website. If you have questions or comments regarding our Website, they should be directed to us by email at cashforcarsphilly@gmail.com