1-844-456-7653Terms & conditions
Last updated: November 2022
These Terms and Conditions (“Terms”) are entered into between you and Flipp My Car (referred to as “Flipp My Car”, “us”, “our” or “we”) and represent a binding legal agreement. By accessing the website www.flippmycar.com (“Website”), you agree to abide by the Terms together with any documents they expressly incorporate by reference, including the Privacy Policy, which collectively govern your access to and use of this Website and the services made available through the Website (“Services”). Please take a few minutes to read this agreement before accessing or using the Website. If you do not agree with any of these Terms or do not wish to be bound by these Terms, you are authorized to use the Website and must immediately cease doing so.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the publication of any changes to these Terms and any documents incorporated by reference constitutes acceptance of those changes. These Terms control the relationship between Flipp My Car and you. They do not create any third party beneficiary rights. Flipp My Car also reserves the right to suspend and/or deny access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
By accepting an offer, you agree to become legally bound by these Terms without any modification or reservation whatsoever. If you do not agree to all the terms and conditions of these Terms, then please do not access the Website or use any Services.
This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions only. By using this Website, you represent and warrant that you are of legal age and able to form a binding contract with Flipp My Car and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.
The Website is not intended for users under the age of thirteen (13), and we do not knowingly collect personally identifiable information from users under the age of thirteen (13). Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Website for which registration is required.
Flipp My Car does not always directly buy or sell cars or provide salvage and towing services or negotiate the purchase or sale of vehicles. In certain instances, the Website serves as a digital marketplace and intermediary where Sellers and Buyers meet and enter into agreements. In such situations, Flipp My Car is not involved in the actual transaction between Sellers and Buyers (as defined below) and simply assists in the logistical and payment processes of the transactions when applicable. As a result, Flipp My Car has no control over the quality, safety, or legal aspects of any sale that may be initiated through use of the Website or Services. Flipp My Car has a dealer’s license that enables it to buy and sell cars to other dealers. In the instances where Flipp My Car buys cars from a Seller, Flipp My Car steps into the role of a Buyer and all terms and conditions applicable to a Buyer are applicable to Flipp My Car.
The Services provided are in no way a substitute for your own due diligence, and Flipp My Car does not guarantee the accuracy or correctness of any information provided. You acknowledge that you may not accept an Offer (as defined below) on any vehicle that could cause us to violate any applicable law, statute, ordinance, or regulation or that violates our Prohibited Items terms below.
While Flipp My Car may use techniques such as insurance, EID, and credit checks to verify the identity of Buyers and Carriers, it does not assume any obligation to do so and it does not guarantee the safety of any persons using the Website or Services or the accuracy of any information and is not responsible or liable for any activities you engage in with or any communications you have with Buyers or Carriers.
In order to access or use the Services or access certain functionality of the Website, you may be required to provide current and accurate identification, a username, password, email address and other information. You are solely responsible for any information you provide to us or other users in the registration, Offer, transportation, or payment process. You represent and warrant that your personal information is true, legal, accurate, non-fraudulent and solely yours. You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of your login information required to use the Services and Website. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Website. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including any purchases, that are initiated by use of your registered account.
You will be solely responsible for all activities that occur under your account with Flipp My Car, including activities of others to whom you have provided your username or password. Please notify Flipp My Car immediately of any unauthorized use of your account or any other breach of security.
You authorize Flipp My Car to use the information you supply to us in connection with the Services and in accordance with these Terms. We may use and share the information you provide as described in our Privacy Policy.
“Buyers” are commercial users of Flipp My Car who submit offer bids to buy the vehicles submitted by Sellers. The bid amount is based upon the vehicle’s information that the Seller submits, such as the location, and condition of the vehicle. When a Buyer’s bid is selected, an Offer is presented to the Seller.
Buyers are not permitted to circumvent or “cut out” Flipp My Car or make offers directly to Sellers outside of the Services. If an Offer made outside of Flipp My Car’s Service is accepted by a Seller, then Flipp My Car deems those offers outside its purview and is unable to provide any support or assistance to the Seller or Buyer.
“Carriers” are commercial users of Flipp My Car that physically transport the Seller’s vehicle from its location to the Buyer.
Carriers do not provide emergency towing or recovery services through Flipp My Car. In the case of pick ups, it is the Seller’s responsibility to ensure that the vehicle is in a safe and accessible location to be removed upon the Carrier’s arrival. If an Offer indicates that payment occurs at the moment the car is picked up, the Carrier also makes arrangements to pay the Seller.
Carriers are not permitted to circumvent or “cut out” Flipp My Car or make offers directly to Sellers outside of the Services. If an Offer made outside of Flipp My Car’s Services is accepted by a Seller, then Flipp My Car deems those offers outside its purview and is unable to provide any support or assistance to the Seller or Carrier.
The Services and the Website may provide you with an opportunity to engage with third party services, information pertaining to third party services or links to third party services (“Third Party Services”) offered or made available by third party organizations, companies or individuals as applicable, (“Third Party” or “Third Parties”). In such cases, Flipp My Car acts as a conduit to allow you to identify, interact and engage with such Third Parties.
Flipp My Car is neither responsible nor liable for any activities you engage in with or any communications you have with such Third Parties, even if you identify such Third Party on or through the use of the Services offered by Flipp My Car or communicate with them through the use of the Website. These Terms do not apply to any Third Party Services and do not govern the practices of such Third Parties, unless explicitly stated as being applicable to such Third Party Services or Third Parties. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party websites or services.
Your use of Third Party Services is subject to an independent agreement with the applicable Third Party providing such Third Party Services and is not governed by these Terms, unless explicitly stated as being applicable to such Third Party Services or Third Parties. Please read carefully all agreements, order forms and commitments you enter into with a Third Party for Third Party Services. You agree that all such agreements, order forms and commitments are your sole responsibility.
Please be aware that Third Parties provide their information to Flipp My Car voluntarily. Flipp My Car has no control over such information and resources provided and Flipp My Car is not responsible for providing any guarantee, warranty or recommendation to such Third Party Services and/or Third Parties. You acknowledge that the Website may contain out of date or incorrect information about the Third Parties or the Third Party Services. It is your sole responsibility to obtain updated, complete and accurate information, including information about service levels, final pricing and quotes, about the Third Parties and the Third Party Services before you engage any such Third Parties or enter into any contract with them. Flipp My Car is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, information, events, goods or services available by or through such Third Parties.
In most cases, the Carrier is able to make payment to the Seller at the time of pick up. If paid by mailed check, ACH, wire transfer or any such payment method, the amount due to the Seller will be processed as soon the vehicle is confirmed to be picked up and the condition and documentation have been verified.
The Seller represents and warrants that all information provided to Flipp My Car is accurate and legally true, including, without limitation, the following:
Accurate Vehicle Location: The address indicated at the time of submission must match that of the vehicle location when it is picked up;
Accurate Vehicle Information: The year, make, model, trim, and VIN of the vehicle indicated at the time of submission must match that of the vehicle that gets picked up;
Accurate Vehicle Condition:
The following conditions will be verified at the time the vehicle is picked up:
Whether the vehicle has all of its wheels mounted with tires and their condition.
Whether the vehicle has a key and the battery is installed and functioning.
Whether the vehicle “starts” if upon turning the ignition, the engine starts normally and idles.
Whether the vehicle “drives” if it moves under its own power when placed into gear, is safe to drive, and is free of major mechanical issues.
Whether all parts of the vehicle’s engine and transmission are intact and their condition.
Whether all parts of the vehicle’s exhaust system are intact and their condition.
Whether the vehicle has been used as a taxi.
The mileage shown on the odometer or its condition.
Whether the vehicle exterior is intact and its condition.
Whether the vehicle has body damage.
Whether all mirrors, glass, and lights are intact and their condition.
Whether the vehicle has any water or fire damage.
Whether the vehicle interior is intact and its condition.
Accurate Vehicle Ownership: The title documentation submitted for verification of ownership and legal validity must be accurate and valid.
You must clearly and truthfully submit the following information to Flipp My Car:
Whether you have a title and its type.
Which state the title is issued in.
The owner(s) name shown on the title.
Whether there are any outstanding liens.
If any information about the vehicle provided by the Seller is found to be inaccurate at the time of inspection or if any major vehicle component is missing or removed, even if not specifically mentioned or asked about during the offer process, Flipp My Car reserves the right to invalidate the transaction, recalculate the Offer or refuse pick up.
The Seller acknowledges that they shall, at their own expense, and as Flipp My Car may reasonably request, execute all documents, papers, forms and authorizations, and take such other actions as are necessary to effectuate the transfer of ownership of the vehicle. If the Seller refuses to cooperate with Flipp My Car, Flipp My Car reserves the right to invalidate the transaction and require the Seller to collect the vehicle at their own expense. In the event that the Seller does not collect the vehicle, it may be deemed an abandoned vehicle at the Seller’s risk.
If you are eligible to use the Services and the Website, Flipp My Car grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Website solely under the terms and conditions provided hereunder. Any use of the Website other than as authorized by these Terms is strictly prohibited and will terminate the license granted herein.
Flipp My Car and/or its licensors own the Services and the Website, including all software and other technology provided or employed by Flipp My Car in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. It is clarified that “Flipp My Car”, among other trademarks, are registered trademarks of Flipp My Car, LLC. Flipp My Car does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Website, as set forth herein and subject to these Terms.
The Website may also contain intellectual property of Third Parties, including service marks and trademarks. Your use of the Services or the Website does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.
All rights not expressly granted herein are reserved by Flipp My Car. Your use of this Website does not grant you ownership rights of any kind in the Website.
As a result of your use of the Services and the Website, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
In using the Website and Services, you agree (i) not to send to Flipp My Car or upload onto or through the Website any information unless you have consent to do so; and (ii) that you will not:
violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws”) as a result of your use of the Website;
make any information available to Flipp My Car if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
transmit any information, data, images, or other materials or post any content on the Website that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
provide any false personal information on Flipp My Car, or create an account for anyone other than yourself without permission;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Website or any network used by the Website or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Website by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
share your password, permit, authorize or enable anyone else to access your account, or do anything else that could reasonably be expected to jeopardize the security of your account;
reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
“scrape,” copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Website (“Flipp My Car Information”) from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available from Flipp My Car on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
harvest or collect Flipp My Car Information, email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Flipp My Car Information;
You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Flipp My Car Information;
You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Website and when communicating with a Third Party; and (ii) maintain and update this information to keep it true, accurate, current, and complete;
You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.
You may not under any circumstances publish, copy, distribute, share with third parties or make public in any form any information regarding the Third Party Services or Third Party, including pricing information, location of the third party no matter how obtained (whether through the use of the Services or directly from the Third Party).
All remarks, suggestions, ideas, graphics, photographs or other information (“Submissions”) communicated to Flipp My Car through this Website will forever be the property of Flipp My Car. In addition, you grant, and you represent and warrant that you have the right to grant, Flipp My Car, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute your Submissions, including your name, image, likeness, photograph, voice, and biographical material, included therein or in connection therewith, including but not limited to advertising, publicity and promotional purposes, in any media now known or hereafter invented, including, but not limited to Flipp My Car’s websites and social media channels, and in advertising campaigns and installations including as part of a video compilation. Without limiting the foregoing, you hereby grant Flipp My Car the right to edit, arrange, rearrange, adapt and combine your Submissions with other materials in its sole discretion, including on the aforementioned websites and social media channels and including without limitation in ‘compilation’ online and out-of-home videos.
You further represent and warrant that you own or otherwise control any rights to your Submissions and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submissions to grant the license contained in these Terms for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject.
You are solely responsible for the content of any Submission you make on this Website or to any Third Party Organization through the Website. Unless otherwise specified in writing, all Submissions made through or on the Website will be presumed to be public and Flipp My Car will not be required to treat the information as confidential. The content of Submissions is not pre-screened. Accordingly, users who access Submissions publically available do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Notwithstanding the foregoing, Flipp My Car reserves the right, but does not assume any obligation, to delete Submissions that Flipp My Car, in its sole discretion, deems abusive, defamatory, obscene, in violation of any Laws, or otherwise unacceptable.
Flipp My Car requires some personal information to provide its Services. Your use of the Website and Services is subject to Flipp My Car’s Privacy Policy, the provisions of which are incorporated herein by this reference. By using the Website and Services, you acknowledge and consent to be bound by the terms of Flipp My Car’s Privacy Policy, including its collection, use and disclosure of your personal information.
In some instances, Flipp My Car may ask you to submit your contact information including your telephone number. You may be contacted by Flipp My Car or its business associates by telephone or text messages. To learn more about Flipp My Car’s policies regarding: (i) compliance with the Telephone Consumer Protection Act, please see Flipp My Car’s Privacy Policy and (ii) compliance with the National Do Not Call List administered by the Federal Trade Commission, please write to us at csr@flippmycar.com
Should you have a dispute with one of more of the Sellers, Buyers or Carriers, you hereby release Flipp My Car, LLC, its affiliates, subsidiaries, officers, directors, agents, members, managers, shareholders, employees or representatives from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with such disputes.
IN NO EVENT WILL FLIPP MY CAR, OUR AFFILIATES, SUBSIDIARIES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR WEBSITE UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER ANY LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIPP MY CAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FLIPP MY CAR DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIPP MY CAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FLIPP MY CAR MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. FLIPP MY CAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You understand and agree that we may, in our sole discretion and at any time, terminate your account and discard and remove any content posted or submitted by you for any reason. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that we shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account. Flipp My Car may also suspend or terminate your account or rescind the Offer if a suspicion arises that you engaged in any fraudulent activity in conjunction with our Website.
If Flipp My Car becomes aware that you willfully and intentionally violated any of our rules or manipulated the Website, sale process, or communications, we may pursue damages against you in any forum we deem appropriate.
If you have any questions about these Terms, you may contact us at csr@flippmycar.com
