Terms of Use
Thank you for visiting the Accel Auto Buyers website (referred to as "accelautobuyers.com" 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 Darrow Holdings LLC, doing business as Accel Auto Buyers.
General
The Website is owned by Darrow Holdings LLC, doing business as Accel Auto Buyers ("We," "Us," "Our," or "AAB"). AAB is a New Jersey Limited Liability Company, with offices at 3985 B Tuckahoe Rd, Williamstown, NJ 08094. 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-AAB 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. Although accessible in other countries, accelautobuyers.com is intended for access and use by U.S. residents only. We make no representation that the content on the Website is available or appropriate for use in other locations.
Your Consent to These Terms of Use
Please read these Terms of Use carefully. By accessing or using accelautobuyers.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 AAB location might AAB, in its sole discretion, make a purchase offer for your vehicle. AAB 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 AAB TO PURCHASE A VEHICLE OR OTHERWISE BIND YOU OR AAB. 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 AAB 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 ACCEL AUTO BUYERS. 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 accelautobuyers.com 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 AAB will convey at the time of the offer.
Reservation of Right To Report Suspicious Vehicle and Ownership Information to Law Enforcement
AAB 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. AAB 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.
Ownership of Contents and Your Limited Rights of Use of Contents
AAB owns and controls this Website and all of its contents through ownership or license, unless another party is credited as the provider of specific content. The content is protected by U.S. and international copyright, trademark and other applicable intellectual property law. The sole license granted under these Terms of Use is for you to use the Website for your own personal, non-commercial use for the Website's intended purposes. You may not copy, modify, adapt, upload, download, post, transmit, republish, translate, exhibit, display, perform, distribute, participate in the transfer or sale of, create derivative works from, reverse engineer, decompile or dissemble or in any way exploit any of the content, including without limitation the HTML or other software instructional code, contained in, or forming part of, the Website, in whole or in part. Except as expressly stated in these Terms of Use, nothing contained on this Website shall be construed as granting any other license, or any ownership or other rights whatsoever in any patent, trademark, copyright or other intellectual property owned by AAB or its licensors. Be advised that AAB enforces its intellectual property rights to the maximum extent allowed by law.
The prohibitions on use discussed in the paragraph above, include, but are not limited to, a prohibition on scraping or using any "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or any data or content found on or accessed through the Website, without our prior permission.
All trademarks, service marks and logos on this Website are the property of their respective owners. AAB owns various trademarks, service marks and logos used on this Website, including without limitation, Accel Auto Buyers, accelautobuyers.com and the Accel Auto Buyers logo. Your use of this Website confers no trademark or service mark license to you. Unauthorized use of any AAB (or of any third-party) trademark, service mark, or logo may violate AAB's or a third party's legal rights. Accordingly, neither AAB's marks nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademark and/or domain name without our prior written consent.
You hereby grant us the global, royalty-free, irrevocable, transferable, right and license to use any ideas, concepts or techniques embodied in materials or communications you send to us for any reason whatsoever. You also agree that all such material will be deemed to be provided to us on a non-confidential and non-proprietary basis. We shall be under no obligation to keep any such information in confidence or to pay any compensation. You further agree that any submission or communication by you will not violate the rights of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights. We will use any personally identifiable information You submit in accordance with our privacy policy, as noted below.
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 AAB or its service providers. AAB reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of this Website at any time.
Third-party Websites and Linking
We may provide links to certain other third-party websites merely as a convenience for users of accelautobuyers.com. Third-party websites are not maintained on our servers and are not under our control. A user's choice to access third-party websites is at the user's own risk. Furthermore, inclusion of links to third-party websites does not constitute an endorsement, approval, or guarantee of the accuracy of the contents of any linked websites. We disclaim any responsibility for the content of any third-party websites linked to accelautobuyers.com. We urge you to use discretion when you access any third-party sites linked to accelautobuyers.com.
You may link to any page of accelautobuyers.com, subject to the following conditions:
You do not replicate accelautobuyers.com's home page;
You do not create a frame or any other browser or border environment around the Website;
You do not in any way imply endorsement by Darrow Holdings LLC or Accel Auto Buyers;
You do not in any way use logos or trademarks of Darrow Holdings LLC or Accel Auto Buyers;
The linking website does not contain content that is distasteful, offensive, or controversial, or content that infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
Privacy
To obtain information about our privacy practices regarding Your use of the Website, please ask for a copy of our Privacy Policy as updated from time to time.
Indemnification
By accessing and/or using this Website, You agree to indemnify, defend, and hold AAB, 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 AAB 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 AAB 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, DAB'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 DAB'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 AAB 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 New Jersey 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 New Jersey 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 Darrow Holdings 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 info@accelautobuyers.com
Last Updated: June 7th, 2017.