CARSOLVE, INC
TERMS AND CONDITIONS
By accessing the CarSolve, Inc. (“CarSolve”, “we” or “us”) automobile auctions through the CarSolve mobile application (the “App”), operated by CarSolve and its affiliates, you agree to be bound by these Terms and Conditions (“Terms and Conditions” or “Terms”). These Terms and Conditions govern your use of and access online auctions (“Auctions”) made available on the App operated by CarSolve. As used in these Terms and Conditions, “Vehicle(s)” means all automobiles offered for sale at Auctions on the App. You expressly acknowledge and agree that “Vehicle(s)” does not mean or include, and CarSolve does not purport to facilitate the sale of, any cargo or items of personal property which may be contained in a Vehicle but are not fixed to the Vehicle. It is the sole responsibility of the Buyer of a Vehicle to take possession of the Vehicle and/or dispose of any such cargo or contents in accordance with applicable law. These Terms and Conditions are in addition to, and not in lieu of, any more specific agreements you may have or make with CarSolve. To the extent there is any conflict between these Terms and Conditions and other more specific agreements you have signed with CarSolve, those other more specific agreements will control. CarSolve may amend these Terms and Conditions any time by posting an amended version on the App, which will become effective on the date of posting.
Throughout these Terms, the words "you," "your," “Buyer”, “Seller”, “Dealer" refer to each user of the Service. “Dealer” refers to a pre-approved dealer as a Buyer of Vehicles. “Seller” means the seller of a Vehicle listed at an Auction on the App. “Buyer” means a Dealer purchasing a Vehicle listed at an Auction on the App.
The App provides an information service and auction site that brings together Buyers and Sellers. CarSolve is not a dealer and does not sell, exchange, or offer for sale interest in any Vehicle listed for sale or for auction on or through the App. CarSolve does not hold or possess title for any vehicle listed for sale or for Auction on the App, has not inspected any vehicle on the App, and does not hold in our legal possession any of the vehicles listed for Auction on the App. CarSolve is not a party to any vehicle sale contract between vehicle Buyers and Sellers that originates on or through the App, and CarSolve does not offer other ancillary products and services such as vehicle financing, service contracts, mechanical breakdown insurance, vehicle registration/titling, and vehicle transfer escrow services.
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING THE AUCTIONS ON THE APP. BY ACCESSING OUR AUCTIONS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN ALL RESPECTS.
- Auctions
- No Retail Buyers: The right to purchase Vehicles at Auctions is only granted to each Buyer as a licensed and pre-approved Dealer and its Authorized Representatives. All retail sales are strictly prohibited. You agree not to refer any actual or prospective retail buyers to CarSolve, or to give them access to the Auctions, or to negotiate or consummate any retail transactions through accessing the Auctions. You agree that you, and not CarSolve, are responsible for any taxes or tariffs related to the Vehicles purchased at Auctions. Violation of this provision will result in immediate suspension of your access to the Auctions.
- Process; Registration: To be eligible to access the Auctions, each Buyer and Seller must complete CarSolve’s registration process. Dealer’s must complete the Dealer Registration Packet located at Dealers.CarSolve.com. Upon receipt and approval of the applicable registration documents, each Buyer and Seller will be issued unique login credentials to access the Auctions. We reserve the right to temporarily or permanently suspend your access rights and/or the access rights of any of your Authorized Representatives at any time in our sole and absolute discretion. You represent and warrant that all information that you have provided to us is accurate and complete in all respects. You agree to promptly notify CarSolve of any changes to your information, as necessary.
- Bidding: Unless announced otherwise during Auctions, all Vehicles are sold with a reserve price, and the Auction may start at the reserve price for each Vehicle. The maximum length of each Auction is seventy-two (72) hours. Each Buyer may preview the offered Vehicles on the App. During Auctions, registered Dealers shall have the opportunity to bid against each other on the App. Only registered Dealers may purchase Vehicles at Auctions. It is the sole responsibility of the Dealer to satisfy themselves as to a Vehicle’s specifications, value and any other information necessary to accurately determine the condition of the Vehicle before bidding. It is each Dealer’s sole responsibility to bring any incidents of improper bidding to CarSolve’ attention immediately at the close of bidding on a Vehicle. If no such action is taken, the sale of the Vehicle will be ratified to the Buyer. All bids are binding and cannot be withdrawn.
- Price Boosting: Price boosting (aka “shilling”), or any other activity in which a Buyer or Seller attempts to artificially inflate or decrease the selling price of a Vehicle, is strictly prohibited. Neither Buyer, Seller nor any of their Authorized Representatives will directly or indirectly bid on any Vehicles at Auctions for the purposes of attempting to increase the sale price. “Self-dealing” at Auctions is also strictly prohibited. For purpose of these Terms and Conditions, “self-dealing” means activities by any person or entity selling or purchasing at an Auction in which both the Seller and Buyer are the same or substantially-related entities, and/or share Authorized Representatives or principals, where CarSolve determines in its sole discretion that the intent and/or the result of such dealing is artificial manipulation of the auction process to create an unfair advantage or disadvantage or to impose undue risk upon others. Notwithstanding the prohibitions set forth in this Section, you understand that such activity by others is beyond the control of CarSolve, and CarSolve assumes no duty to prevent or discover such activity and is not responsible to any Buyer or Seller for such activity by third parties. In the event any party or its Authorized Representatives are found to be engaged in such activities, CarSolve, in its sole discretion, may suspend or permanently revoke such party’s participation privileges in the Auction regardless of whether the breaching-party benefited from such activities.
- Bound by Representatives: You are responsible for all activities that occur on your behalf while accessing Auctions on our App. Each person or entity designated by you to conduct activities on your behalf is an “Authorized Representative,” to take or perform all actions related to the purchase or sale of the Vehicles, including completing and executing any and all documents in connection with the purchase and sale of all Vehicles, and/or complete and execute on behalf all payments in connection with the purchase of Vehicles. The authority of the Authorized Representative shall continue in full force and effect until terminated by Buyer or Seller, as applicable.
- Code of Conduct: You agree to behave in a fair, ethical, courteous, and civil manner in your interactions with us, our personnel, and all other parties while participating in any Auction and when accessing the App. Should you have issues or concerns with the behavior of our personnel or other customers while engaging with CarSolve that cannot be resolved quickly and civilly on your own, you agree that you will raise those issues discreetly with our management. In addition to any other requirements in these Terms and Conditions, you acknowledge and agree to adhere to the CarSolve Code of Conduct (the “Code”), located at Dealers.CarSolve.com and the Code is hereby incorporated into and made a part of these Terms and Conditions by reference.
- No Obligation to do Business. You have no obligation to do business with us or on/through the App. Likewise, you agree and acknowledge that neither we, nor any other Buyer/Seller, has no obligation to do business with you. We reserve the right to cease doing business with you or anyone else, at any time, for any reason or no reason, in our sole discretion, collectively or separately among our affiliates; and you will have no right, remedy, or cause of action for the same.
- Terms of Sale
- CarSolve does not buy or sell vehicles listed at auctions but only provides a platform to facilitate transactions. As the winning bidder, the buyer becomes the transferee and agrees to take over ownership of the vehicle.
Although placing a bid on the CarSolve app is free of charge, the buyer is required to pay a referral fee of $250.00 (US) per transaction under $5,000.00 or $500.00 (US) per transaction over $5,000.00 (US) to CarSolve if their bid is accepted. This fee is non-refundable.
- Payment Method: All payments made to CarSolve will be facilitated through a third-party payment processing service. Each Buyer and Seller must have a current credit card (with sufficient credit to pay the Processing Fee or Referral Fee, as the case may be) on file with CarSolve prior to listing a Vehicle for Auction or bidding on a vehicle through an Auction. All payments due to CarSolve hereunder will be automatically paid by the credit card on file when due hereunder (each a “Payment Method”).
- Additional Amounts: If the Payment Method fails, CarSolve shall be entitled to, in addition to any Processing Fee or Referral Fee due hereunder, interest at the lower of 12% per year or the highest amount permitted by law calculated on all amounts due hereunder from the due date until received by CarSolve, plus all reasonable attorneys’ fees and costs of collection incurred in collecting all amounts due hereunder, whether or not a lawsuit is filed to collect same (collectively, the “Additional Amounts”). CarSolve, 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.
- Sale/Auction Cancellation: CarSolve may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw a Vehicle from an Auction or sale. CarSolve will have no liability or obligation to a Seller or Buyer as a result of any Vehicle withdrawal or cancellation or postponement. Further, CarSolve reserves the right to cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or bidding misconduct, as determined by CarSolve in its sole discretion.
- Vehicle Release
- Expenses: Except as set forth in these Terms and Conditions, each party will each bear all of its own costs in connection with the activities under these Terms and Conditions. Buyer is responsible for transportation, and all associated costs therewith, of a Vehicle to Buyer’s desired location, which shall be within 50 miles of Seller’s location as listed in the Auction. Seller shall not charge any additional fees over and above the listing/bid price such as “dealer fees,” “document fees,” “delivery fees,” etc. The listing/bid price must be the final and complete price due to Buyer from Seller.
- Listing Conditions and Vehicle Information
- Listing Conditions:
- Vehicle Information: At least seventy (72) hours prior to the commencement of the Auction, all applicable information related to the Vehicle (“Vehicle Information”) must be uploaded by Seller to the App for review by CarSolve. “Vehicle Information” includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, equipment, mileage, odometer disclosures, vehicle identification number (e.g., “VIN,” and serial number), title, repair cost, repair history, title history, and total loss history. Upon acceptance by CarSolve, the Vehicle Information will be uploaded to the Auction platform and will be made available to Buyers at the commencement of the Auction. Seller is solely responsible for the accuracy and completeness of the Vehicle Information.
- Seller Representations and Warranties Concerning Vehicle Information: Seller represents and warrants that all Vehicle Information is current, true and accurate to the best of Seller’s knowledge, and that Seller has taken reasonable action to assure the accuracy of all such Vehicle Information prior to uploading and including same in any Auction. CarSolve makes no representations or warranties concerning the accuracy of any Vehicle Information listed in any Auction regardless of whether any Vehicle Information was not accurately reported by Seller, or was not accurately listed in any Auction and it is up to Seller to correct any inaccuracies in any Auction listing for its Vehicle(s) and it is up to Buyer to verify any Vehicle Information prior to purchase.
- Buyer's Certificate and Closing: Upon receipt by CarSolve of the Processing Fee and the Referral Fee, Seller shall receive a certificate with Buyer’s logo, disclosures and contact information (the “Buyer’s Certificate”). It is then up to Buyer and Seller to make arrangements within a reasonable time for Seller to bring the Vehicle to Buyer for final inspection (during which Buyer may, but is not required, to confirm the material accuracy of the information provided by Seller at the auction concerning the Vehicle) and for Buyer and Seller to consummate the transaction via transfer of the Vehicle and title to Buyer and payment to Seller of the amount bid at auction.
- CarSolve does not allow the cancellation of listings by the Buyer or Seller once the Auction goes live. Only in extreme cases where a Vehicle has suffered a significant change such as theft or damage will there be consideration. Please notify CarSolve if such an event occurs.
- If a Buyer or Seller subverts the Auction by attempting to make a deal outside of the Auction, the applicable users will be banned from the App and shall be subject to Processing Fee or Referral Fee for such transaction(s), as the case may be, plus any applicable Additional Amounts.
- Representations and Warranties
- Dealer represents and warrants that: (i) Dealer is solvent; (ii) Dealer is a licensed or duly authorized motor vehicle dealer in good standing or otherwise authorized to buy on a commercial basis in the relevant jurisdiction(s) in which it conducts business; (iii) Dealer and its Authorized Representatives will comply with all applicable federal, state, and local laws and regulations and industry standards in the course of Dealer’s activities at our Auctions; (iv) any Vehicle that Dealer purchases is purchased solely for resale; and (v) Dealer has adequate funds and the authority to conduct the transactions hereunder and to pay all amounts due hereunder the Seller and CarSolve.
- Seller represents and warrants that: (i) the Vehicle Information is true and accurate in all respects; (ii) the Vehicle listed for sale on the App has no, encumbrances or disputes connected to such Vehicle which in any way would prevent Seller from providing Buyer with clean title to the Vehicle; and (iii) the Seller has full the full right and authority to list the Vehicle for sale on the App and transfer the title to such Vehicle to Buyer upon the conclusion of the Auction.
- Disclaimers; Indemnification; Risk of Loss
- Vehicles are “AS IS”: Except as otherwise expressly provided by applicable law, ALL VEHICLES SOLD THROUGH THE APP ARE SOLD “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND BY CARSOLVE, INC. The Vehicles may not be fit for use as a means of transportation and may require substantial repairs and expense.
- Registration Laws Disclaimer. CarSolve does not guarantee that any Vehicle sold can be legally registered in any state or country, and you accept all risks associated with variations in title and registration laws between states, provinces, and countries that may negatively impact the marketability of Vehicles purchased at CarSolve. (For example, a Vehicle legally purchased on a clean title located in State “A” may be required to be sold on a salvage title if Buyer transports and resells the vehicle in State “B”).
- DMV/MVD/DOR Paperwork Disclaimers. CarSolve is not responsible for defects, errors, or omissions (i) related to motor vehicle department or department of revenue paperwork not processed by CarSolve or (ii) made by any motor vehicle department, department of revenue or other governmental entity.
- NMVTIS Reporting Disclaimer. Vehicles listed for sale at CarSolve may have been reported to the National Motor Vehicle Title Information System (“NMVTIS”), and transaction data related to vehicles purchased at CarSolve may be reported to NMVTIS, in CarSolve’ sole discretion. Buyer accepts all risks associated with purchasing Vehicles at CarSolve resulting from the reporting of the Vehicle or the purchase transaction data to NMVTIS by CarSolve or others. You may be subject to NMVTIS reporting requirements when purchasing certain vehicles. For more information on reporting requirements, exemptions, and how to obtain a NMVTIS Reporting ID, visit www.vehiclehistory.gov.
- Disclaimer of Warranties: CarSolve expressly disclaims any and all representations, warranties, and guarantees regarding the Vehicles, including without limitation: (a) the accuracy of odometer mileage, (b) the information contained in the odometer mileage statement, (c) warranties of title, merchantability or fitness for a particular purpose, (d) the accuracy of any Vehicle Information provided at Auction; (e) license plates, (f) Vehicle service or maintenance history, (g) Vehicle condition, (h) Vehicle manufacture date, (i) the accuracy of any market information, (j) mileage and other information on vehicle. (k) the description of the Vehicle, (l) equipment and options for the Vehicle, (m) availability or validity of factory warranty, (n) fitness of Vehicle for export, and (o) any and all representations and warranties made by or on behalf of the Seller of the Vehicle. CarSolve does not guarantee that the Vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the Buyer to ascertain, confirm, research, inspect, and/or investigate Vehicles and ensure they are compliant with all laws and regulations. Buyer acknowledges and agrees that with respect to purchased Vehicles, CarSolve has assumed no responsibility to investigate Vehicle’s title or to otherwise identify defects in Vehicle’s title or title documents, and makes no warranty whatsoever regarding title or title documents.
- Disclaimer of Vehicle Information: CarSolve expressly disclaims the accuracy or completeness of any and all Vehicle Information. It is the Buyer’s responsibility to determine whether any open recalls are applicable to any Vehicles and can be found at locations like www.NHTSA.org. CarSolve does not guarantee that keys are available for any vehicle sold through CarSolve, regardless of whether keys are present in online Vehicle images, or were present in the Vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be sold with missing VIN plates; as a result, CarSolve does not guarantee that Vehicles are equipped with any or all VIN plates.
- Disclaimer of Damages; Limitation of Liability: UNDER NO CIRCUMSTANCES WILL CARSOLVE, INC OR ITS AFFILIATES BE LIABLE TO BUYER OR SELLER, FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY, DAMAGES OR EXPENSES RELATED TO THE ACTIVITIES GOVERNED BY THESE TERMS AND CONDITIONS AND IN NO EVENT WILL CARSOLVE, INC BE LIABLE FOR ANY LOSS OF USE, DATA, REVENUES OR PROFITS (WHETHER OR NOT DEEMED TO CONSTITUTE A DIRECT CLAIM). DEALER, SELLER AND BUYER EACH AGREES THAT THE AGGREGATE LIABILITY OF CARSOLVE, INC AND ITS AFFILIATES WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY DEALER, SELLER OR BUYER, AS THE CASE MAY BE, TO CARSOLVE, INC FOR THE VEHICLE AT ISSUE. EACH PARTY FURTHER AGREES THAT ANY CLAIMS OR CAUSES OF ACTION ASSERTED AGAINST CARSOLVE, INC MUST BE FILED OR OTHERWISE FORMALLY COMMENCED IN THE RELEVANT FORUM WITHIN TWELVE (12) MONTHS OF THE APPLICABLE EVENT GIVING RISE TO THE LIABILITY, OR WITHIN THE TIME REMAINING UNDER THE APPLICABLE STATUTES OF LIMITATION – WHICHEVER TIME PERIOD IS SHORTER – AND THAT ANY CLAIMS OR CAUSES OF ACTION NOT FILED OR COMMENCED WITHIN SUCH PERIOD WILL BE FOREVER BARRED.
- Indemnification: You shall defend, indemnify and hold harmless CarSolve, and its affiliates including without limitation CarSolve, and their respective officers, employees, directors, managers, shareholders, and agents (collectively, the “Indemnitees”), to the maximum extent permitted by law, from and against any losses, liens, damages, liabilities, costs, charges and expenses, arising from claims, actions and demands brought or asserted by a third party, incurred by each Indemnitee, in connection with (i) any Vehicle, including, but not limited to, the Auction, purchase or sale of any Vehicle, any matters relating to odometer mileage or odometer mileage statements, any damage or condition disclosures or lack thereof, and/or any damage caused by transporters or other agents of Buyer, (ii) your gross negligence, fraud or willful misconduct, (iii) your breach of these Terms and Conditions, and (iii) your violation of applicable law.
- Risk Of Loss. Buyer takes full responsibility and assumes all risk of loss for all Vehicles purchased from the effective date of the payment of the Purchase Price.
- Data
- Information Sharing: Subject to applicable law, you authorize us to pull, gather, obtain, receive, share, disseminate, and disclose financial, credit, and transactional information about you and your Vehicles in our discretion, including, without limitation, consumer reports, credit histories and limits, buy and sell histories, check information, collateral location and status, condition, and recall information, and eligibility status, from and with credit bureaus, financial institutions, trade creditors, affiliates and third parties, including without limitation CarSolve, and other auction companies, marketing partners, and other customers, for any reason we deem necessary, including, without limitation, assessing your creditworthiness, collecting any outstanding debt you may owe now or in the future, and 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 the CarSolve Privacy Policy available at [dealers.CarSolve.com]. You may opt out of allowing your consumer report (if any) to be shared among our affiliates or disseminated or disclosed for marketing purposes (only) by contacting CarSolve at [dealers@carsolve.com & OFFICE ADDRESS found at CarSolve.com].
- Personal Information: CarSolve does not store or maintain any personally identifiable information (as defined under the Gramm-Leach-Bliley Act, the California Consumer Privacy Act, and/or laws and regulations that protect the privacy rights of individuals) or any similar personal data or consumer information that is subject to special treatment under any federal or state privacy or consumer protection Law (“Personal Data”), and neither Buyer, or Authorized Representatives may upload, store or maintain any Personal Data on a the App or otherwise transmit any Personal Data through CarSolve. You have and will retain sole responsibility for ensuring that no customer data constitutes or contains any Personal Data.
- Vehicle Arbitration
In the event of any dispute arising from the purchase or sale of a vehicle through CarSolve, the parties agree to resolve the matter through arbitration in accordance with the rules and procedures of the American Arbitration Association (AAA), including the AAA's Consumer Arbitration Rules where applicable. All parties involved in the transaction shall agree to abide by the AAA's rules and guidelines. The AAA's rules can be found at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the term "arbitrator" in this provision shall not be interpreted to prevent more than one arbitrator from presiding over an arbitration; rather, the number of arbitrators will be determined by the AAA's rules. The Buyer and Seller agree that the arbitrator's decision will be final and binding with respect to any transaction with CarSolve. The payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
Please note that CarSolve serves as a third-party intermediary to protect the digital connection between buyers and sellers of vehicles. We do not take ownership of any vehicles, nor do we have control over the quality, safety, or legality of any vehicles listed on our platform. Our role is limited to facilitating the transaction process and providing a secure platform for buyers and sellers to communicate and exchange information. Any disputes that may arise from the transaction are solely between the buyer and seller, and CarSolve assumes no liability for any damages, losses, or injuries that may result from such disputes. We encourage all parties to communicate openly and honestly, and to use our platform in good faith to ensure a smooth and successful transaction.
- Intellectual Property
CarSolve and its affiliates own any and all intellectual property rights relating to CarSolve and its affiliates’ brands, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logos, insignia, business identifier, and other text and graphics that has or provides the “look and feel” of the CarSolve brand, as well as all of the content, including the text, graphics, programming, photographs, video and audio contained on the App (the “Intellectual Property”). Your participation in Auctions does not grant you any rights or licenses relating to the Intellectual Property. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, resold or used in any sale, or exploited for in any way, in whole or in part, unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. These limitations include copying or adapting the HTML code used to generate web pages on the App, as well as any graphics or programming. All other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of its respective owner, as indicated, and may only be used as permitted.
- General
- Import/Export: It is the sole responsibility of the Buyer to comply with customs import and/or export procedures applicable to any Vehicles. Customs inspection, import fees, export fees and proof of emissions compliance may be required.
- Force Majeure: CarSolve has no responsibility or liability for damage to consigned inventory or for any delay or failure by CarSolve to perform any services or other obligations hereunder as a result of any act of God, fire, flood or other weather-related event, earthquake, governmental or regulatory act, epidemic, pandemic, riot, insurrection, sabotage, war, terrorism, supply shortage, power outage or Internet failure, labor strike or work stoppage, or any other cause beyond CarSolve reasonable control (collectively “Force Majeure Events”).
- Governing Law, Jurisdiction and Venue, and Severability: These Terms and Conditions, including attachments, and all matters relating to these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Washington (without giving effect to the choice of law principles thereof). Any action based on or arising out of these Terms and Conditions, or the Auctions shall be brought and maintained exclusively in any state or federal court, in each case located in the State of Washington. Each of the parties hereby expressly and irrevocably submits to the jurisdiction of such courts for the purposes of any such action and expressly and irrevocably waives, to the fullest extent permitted by law, any objection which it may have or hereafter may have to the laying of venue of any such action brought in any such court and any claim that any such action has been brought in an inconvenient forum. If any provision of these Terms and Conditions is unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.
- Electronic Signatures: 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 access to auctions, bills of sale, receipts, titles, and other documents or disclosures necessary or incidental to the transaction of business at CarSolve, whether online, in emails, at the check-in kiosk, on the auction block, at security, 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. Regardless of whether your consent or approval was given, or in what form, you agree that you will be deemed to have ratified any transaction with or through us that you do not dispute in writing within 24 hours of confirmation by CarSolve.
- Communications: Except where prohibited by law, you hereby expressly authorize us to communicate with you via email, landline or cell/mobile phone, including text messaging, using an automatic telephone dialing system or an artificial or prerecorded voice message, and/or any other forms of communication or technology now known or created in the future, for any purpose, including general business matters, account information, marketing materials, collection, and/or any other communication needs. Such express permission will extend to any and all of the contact information, including physical and email addresses, phone numbers, and to such other addresses, phone numbers, email addresses, online chat, social media platforms, etc. that you may provide to us, or that we may obtain from any third party at any time. You are not required to consent to receive marketing calls and texts to your cell phone and/or residential line using an automatic telephone dialing system or an artificial or prerecorded voice message from us as a condition of your access to CarSolve, and you may opt out of receiving such communications by adjusting your account settings at Dealers.CarSolve.com.
- Dispute Resolution. Any dispute, controversy or claim arising out of, relating to, or having any connection with these Terms and Conditions, or the breach, termination, enforcement, interpretation or validity of these Terms and Conditions, and any other applicable documents related to the transactions herein, including without limitation the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Washington, unless the parties agree in writing on a different location. Regardless of the amount in controversy, the arbitration will be administered by AAA. In the event of a conflict between such rules and these Terms and Conditions, these Terms and Conditions will control.