Terms of Use

78Cars LLC

MEMBER TERMS AND CONDITIONS

Last updated on June 6, 2024

I. MEMBERSHIP

You (the "Member") are entering into a legally binding agreement. These Member Terms and Conditions (this "Agreement") set out the terms on which 78Cars LLC ("JDM SUPPLY") offers you access to and use of JDM SUPPLY's websites, applications, tools, and services (collectively "Membership Services"). Membership Services include access to auctions, Classified Listings, communication tools, and related features.

Please be advised that this Agreement affects your legal rights and contains provisions that govern how claims between you and JDM SUPPLY have against each other are resolved. You should read this Agreement in its entirety before accepting it. If you object to anything in this Agreement or otherwise do not understand or agree to be bound by this Agreement, do not use the Membership Services.

II. GENERAL TERMS, ACKNOWLEDGMENTS

A. Definitions

For purposes of this Agreement, references to "you," "your," and "Member" shall mean a registered user of the JDM SUPPLY website. References to the "Website" shall mean the website located at https://www.jdmsupply.com. "Seller" shall mean a Member who uses the Website to sell a vehicle. "Buyer" shall mean a Member who uses the Website to purchase a vehicle. "Classified Listing" means a non-auction listing posted by a Seller on the Website at a fixed or negotiable price.

B. Prohibited Use of the Website

You are prohibited from using the Website for any unlawful purpose, to solicit others to perform unlawful acts, to violate any regulations or laws, to infringe upon intellectual property rights, to harass or discriminate, to submit false information, to upload malicious code, or to interfere with the Website's security features.

III. YOUR MEMBER ACCOUNT

A. Registration Required

To participate in the Membership Services, such as bidding on vehicles, accessing vehicle reports, and benefiting from exclusive services, users are required to register as Members.

B. Membership Eligibility

Membership is limited to those who are eighteen (18) years of age or older and can enter into a legally binding contract. You must hold a valid driver's license, state- issued ID, or passport.

D. Account Activity

Members are responsible for all Account activity. A Member's Account may not be transferred or assigned. If your Account is used without authorization, you agree to notify JDM SUPPLY immediately.

IV. AUCTIONS, BIDDING, AND SALES

A. Auctions

After Seller creates an Account and provides all necessary information about the vehicle, Seller will receive an email notifying them that the vehicle has been approved for sale.

D. Bidding

Once a bid has been submitted, it cannot be retracted, deleted, or canceled for any reason whatsoever; therefore, Members should exercise caution when placing bids.

E. Classified Listings and Sales

Sellers may list vehicles using a fixed-price or negotiable-price Classified Listing format. JDM SUPPLY does not act as an agent, broker, escrow provider, or payment processor for Classified Sales. All negotiation and payment occur directly between Buyer and Seller.

V. FEES AND PAYMENTS

A. Seller's Fees

JDM SUPPLY does not charge a seller fee for any auctions.

B. Buyer's Fees

For vehicle auctions, when a prospective Buyer enters a bid, a temporary hold of 4% will be placed on the Buyer's credit card. If the Buyer wins, a full buyer's premium of 4% (min $200, max $4,000) will be charged.

C. Payments for Vehicles

All payments for vehicles bought through JDM SUPPLY must be made in full to Seller within seven (7) business days of the sale date.

D. Fees for Classified Listings

JDM SUPPLY does not currently charge fees for Classified Listings.

VI. DISCLAIMERS, LIMITATIONS OF LIABILITY

A. Vehicle Condition and History Disclaimer

ALL VEHICLES ARE SOLD "AS IS WHERE IS"

All vehicles offered for sale through JDM SUPPLY are sold "AS IS WHERE IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. JDM SUPPLY does not inspect, verify, or authenticate any information provided in listings. It is the sole responsibility of Buyer to inspect and investigate vehicles prior to bidding.

B. Registration Laws Disclaimer

JDM SUPPLY does not guarantee that any vehicle sold can be legally registered in any state or country.

C. Disclaimer and Release of Liability

UNDER NO CIRCUMSTANCES WILL JDM SUPPLY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM OR ARE RELATED TO THE SALE, DISTRIBUTION, USE OF, OR INABILITY TO USE ANY VEHICLE.

VII. MISCELLANEOUS

A. Governing Law, Jurisdiction

This Agreement shall be governed by the laws of the State of Arizona. Members hereby irrevocably submit to the jurisdiction of the courts of the State of Arizona, sitting in Maricopa County.

B. Binding Arbitration

You agree that any claim or dispute arising out of this Agreement shall be resolved exclusively by binding arbitration according to the then-existing rules of the American Arbitration Association ("AAA").

C. Severability

If any term of this Agreement is held invalid, the remainder of the terms shall remain in full force and effect.

D. Integration

This constitutes the entire agreement between the parties concerning this Agreement and the subject matter contained herein.