(a) In order to complete a Sale, you must: (i) create an account with us; (ii) provide true, up to date and accurate account information about yourself and any Vehicle you submit to us; (iii) comply with all terms and conditions of this Agreement; (iv) comply with all applicable laws and regulations, including all import and export laws as described in Section 17 below; (v) transact on behalf of yourself and not on behalf of others; (vi) be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Vehicle that you submit to us for Sale; and (vii) complete all required check-out requirements on the Sell Your Car Idaho Websites with respect to any Sale transaction, including uploading photos of the Vehicle, VIN, title, registration, and other identifying information.

(b) In order to receive payments for any Vehicles in connection with a Sale, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. Sell Your Car Idaho reserves the right to reject or adjust payment for any Vehicle containing undisclosed damage, missing major components, hazardous materials, or other conditions that materially affect value. All Vehicles must be free of excessive fluids, trash, or other materials that create safety or environmental hazards. Sell Your Car Idaho reserves the right to request and require any other information from you it determines is reasonably necessary to effect any Sale contemplated under this Agreement, and you agree to timely provide the same upon request.

(c) Sell Your Car Idaho shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Sell Your Car Idaho and Sell Your Car Idaho is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied Sale payments or Sale payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities in accordance with applicable law.

(a) Any corporation, partnership, limited liability company, or sole proprietorship that sells a vehicle to Sell Your Car Idaho shall provide to Sell Your Car Idaho at the time of sale a certificate or statement from their appropriate state agency that such entity is authorized to do business in the state that they preside and or do business in. (i) the authorized representative of the Seller’s business who will electronically sign this Agreement must produce proof of his or her authorization to bind the business to this Agreement in a form acceptable to Sell Your Car Idaho in Sell Your Car Idaho’s sole and absolute discretion, and must provide written authorization for any other representative or agent who delivers any Vehicles to Sell Your Car Idaho for Sale and (or) accepts payment from Sell Your Car Idaho on Seller’s behalf; and (ii) the authorized representative of Seller’s business who will sign this Agreement, and each authorized representative or agent who delivers any Vehicles to Sell Your Car Idaho for Sale and (or) accepts payment from Sell Your Car Idaho on Seller’s behalf, must produce a valid government identification card.

(b) At the time of the Sale to Sell Your Car Idaho, any person other than a business entity shall provide and upload a copy of the title or registration of the vehicle being sold. (i) To participate in the Program, Seller must have a valid government identification card that is active and in good viewable, scannable, and physical condition; (ii) the individual who will sign this Agreement must produce proof of his or her authorization to bind themselves to this Agreement in a form acceptable to Sell Your Car Idaho in Sell Your Car Idaho’s sole and absolute discretion.

(a) Sell Your Car Idaho determines, in its sole discretion, which Vehicles are eligible for Sale through the Sell Your Car Idaho Services and Sell Your Car Idaho Websites and for which eligible Vehicles Sell Your Car Idaho will provide an offer for Sale. Sell Your Car Idaho may terminate the Sale eligibility of certain Vehicles at any time and without advanced notice, but such termination will not affect any Vehicles for which you have already accepted a Sale offer, which is good for seven (7) days, except as set forth in Sections 11 and 12 below. Sell Your Car Idaho reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Sell Your Car Idaho at any time prior to delivery of the Vehicle to Sell Your Car Idaho.

(b) Acceptance of an offer creates a binding commitment of the Seller to sell the Vehicle to Sell Your Car Idaho at the price stated in the Offer. Any attempt or request by Seller to accept Sell Your Car Idaho’s offer by changing the terms of the offer or adding new terms or conditions to the Offer shall be treated as a rejection of the offer. Rejection of an Offer terminates the offer immediately as of the time the rejection is received by Sell Your Car Idaho. An Offer that has not been validly accepted or rejected shall expire and automatically terminate at 5:00 PM Mountain Standard/Daylight (as applicable) Time on the seventh (7th) day after the Offer was made. If after rejecting any Offer you change your mind and wish to accept it, you must initiate a new Sale transaction.

(c) Subject to the terms and conditions of this Agreement, including Sections 9 and 10, Sell Your Car Idaho will typically issue payment for the final agreed Sale value for your Vehicles within thirty (30) days following Sell Your Car Idaho’s receipt and acceptance of the Vehicles. Sell Your Car Idaho currently offers the following methods of payment: (i) Check – shipped using USPS First Class Mail, this option typically takes 3-10 business days to arrive after the payment is processed.

Sell Your Car Idaho will grade each Vehicle’s Sale condition and value in its sole and absolute discretion based upon, without limitation, current market rates for scrap metal, parts, and overall vehicle condition. Conditions can vary widely between categories, makes, models, and years of Vehicles. More specific condition definitions specific to the category or type of Vehicle may be included on the Sell Your Car Idaho Website’s offer screen and serve as the effective condition definition for that vehicle. Condition definitions are subject to change in Sell Your Car Idaho's unfettered discretion. If you are uncertain about your Vehicle's condition, please seek guidance by contacting Sell Your Car Idaho's customer care.

All Sale offers will be based on Sell Your Car Idaho's own determination of the Vehicle value in reliance on the accuracy of the information you supply us. Sell Your Car Idaho will use its discretion to determine the Vehicle value, weighing factors that may include the Vehicle's make, model, year, mileage, condition, and market scrap/parts value. Upon receiving a Sale offer from Sell Your Car Idaho, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Vehicle to Sell Your Car Idaho at the offered price. If you do not accept or otherwise reject Sell Your Car Idaho's offer, the specific Sale transaction automatically expires. If after rejecting any particular offer you change your mind and want to accept the offer, you must open another Sale transaction with us at which point, assuming the Vehicle is still eligible for Sale, an entirely new offer may be given.

You hereby represent and warrant to Sell Your Car Idaho that: (a) you have all right, title, and interest in and to all Vehicles you seek to sell to Sell Your Car Idaho; (b) all Vehicles are free of undisclosed liens, have not been stolen or fraudulently obtained, and do not contain any toxic, dangerous elements or “hazardous substances” as that term is defined in §101(14) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601(14), beyond those normally associated with used vehicles; (c) the Vehicles and the sale and delivery of such items to Sell Your Car Idaho complies with all applicable laws, statutes, and ordinances; (d) the Vehicles do not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights); (e) the Vehicles are not counterfeit, stolen, or otherwise fraudulent; (f) Sell Your Car Idaho will receive good and valid title to the Vehicles, free and clear of all liens and encumbrances of any kind; and (g) you have the full right, power, and authority to enter into this Agreement, to grant the rights granted under this Agreement, and to perform its obligations under this Agreement. (h) You are responsible for compliance with and shall abide by any and all applicable federal, state, local record keeping statutes and (or) laws in Your role of receiving, buying, possessing, transporting, and (or) selling of any Vehicle You sell to Sell Your Car Idaho. SELLER HEREBY AGREES TO MAINTAIN RECORDS SUFFICIENT TO SHOW WHERE IT OBTAINED ANY VEHICLE FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF SALE TO SELL YOUR CAR IDAHO.

Once a Seller accepts the Sale offer on the website, Sell Your Car Idaho will coordinate pickup or provide instructions for delivery of the Vehicle. When preparing your Vehicle, be sure it matches the description provided when your Sale offer was calculated. Failure to include any items or condition details upon which the Sale offer was calculated and based upon, or delivering to Sell Your Car Idaho a Vehicle which does not exactly match your original description, may impact the final value of your Vehicle, may result in a revised offer, or may result in termination of any Sale transaction in Sell Your Car Idaho’s unfettered discretion. You shall be responsible for any and all costs in connection with such revised offer or cancellation, including any return or re-delivery costs. Unless otherwise approved or provided in writing by Sell Your Car Idaho, all Vehicles sold by Seller shall be delivered to Sell Your Car Idaho at the following address: 3809 S. Eagleson Rd., Boise, ID 83705. You shall properly prepare and transport the Vehicles as instructed by Sell Your Car Idaho and otherwise in accordance with applicable laws. Sell Your Car Idaho may provide certain delivery instructions or documents to you upon acceptance of any Sale offer. All expenses incurred due to changes or delays to delivery arrangements shall be at Seller’s expense.

By delivering the Vehicles to Sell Your Car Idaho, you agree to waive and release Sell Your Car Idaho from all claims as to the Vehicle. By way of example and not limitation, Sell Your Car Idaho is not responsible for (i) any loss or damage suffered by you in connection with the removal, transport, or delivery of any Vehicles; and (ii) any loss or damage suffered by you in any way related to the Vehicles after you submit the Vehicle to Sell Your Car Idaho for Sale.

Seller, on behalf of itself and its successors, assigns, and other legal representatives, hereby releases, acquits, forever discharges, waives, and agrees to hold Sell Your Car Idaho harmless for any and all claims, causes of action, suits and/or demands against Sell Your Car Idaho, its parent, subsidiaries, affiliates, present and former directors, officers, employees, agents, and representatives and respective heirs, administrators, executors, successors and assigns (collectively, the “Sell Your Car Idaho Parties”) that arise from or relate to the Vehicle Purchase Program and/or Seller’s participation in any part of the Program, WHETHER KNOWN OR UNKNOWN, AND SPECIFICALLY INCLUDING CLAIMS THAT SELLER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE THAT, IF KNOWN BY SELLER, WOULD HAVE MATERIALLY AFFECTED ITS WILLINGNESS TO ENTER INTO THIS RELEASE. Seller, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees that it will not bring any claim against Sell Your Car Idaho, in law or in equity, or in any regulatory proceeding or otherwise, on the basis of any claim relating to or in any way arising out of: (1) Seller obtaining or handling any Vehicle before it is physically received, inspected, and accepted by Sell Your Car Idaho; (2) loss of or damage to any Vehicle before it is physically received, inspected, and accepted by Sell Your Car Idaho; and/or (3) loss or damage suffered by Seller relating to the accuracy of information Seller supplied to Sell Your Car Idaho about any Vehicle. By way of example and not limitation, Seller agrees that Sell Your Car Idaho is not responsible for: (i) any loss or damage suffered by Seller in connection with the preparation, transport, or delivery of any Vehicle; (ii) any loss or damage suffered by Seller in any way related to information concerning a vehicle that Seller supplies to Sell Your Car Idaho; and/or (iii) any loss or damage suffered by Seller related to any Vehicle after Seller submits the Vehicle to Sell Your Car Idaho for sale. The foregoing losses specifically include but shall not be limited to any loss or damage sustained by Seller through operation of law or in connection with any law enforcement action, and any cooperation Sell Your Car Idaho gives to law enforcement shall not be deemed a breach of this Agreement or a waiver of any right Sell Your Car Idaho may have to recover against Seller for any damage or loss suffered by Sell Your Car Idaho.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND, AND HOLD AND SAVE HARMLESS SELL YOUR CAR IDAHO AND THE SELL YOUR CAR IDAHO PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING ATTORNEYS' FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM ANY THIRD-PARTY OR DIRECT CLAIM ALLEGING OR IN ANY WAY RELATED TO: (A) SELLER’S BREACH OR NON-FULFILLMENT OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT; (B) ANY NEGLIGENT CONDUCT OR OTHER CULPABLE ACT OR OMISSION BY SELLER OR SELLER’S EMPLOYEES, AGENTS, OR CONTRACTORS (INCLUDING ANY RECKLESSNESS OR WILLFUL MISCONDUCT) IN CONNECTION WITH THE PERFORMANCE OF SELLER’S OBLIGATIONS UNDER THIS AGREEMENT; (C) ANY BODILY INJURY, DEATH OF ANY PERSON, OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY SELLER’S WILLFUL OR NEGLIGENT ACTS OR OMISSIONS OR SUCH ACTS OR OMISSIONS OF SELLER’S EMPLOYEES, AGENTS, OR CONTRACTORS; OR (D) SELLER’S VIOLATION OF OR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS OR SUCH VIOLATION OR FAILURE OF SELLER’S EMPLOYEES, AGENTS, OR CONTRACTORS. SELL YOUR CAR IDAHO RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY SELLER AND, IN SUCH CASE, SELLER AGREES TO COOPERATE WITH SELL YOUR CAR IDAHO’S DEFENSE OF SUCH CLAIM.

Your Sale Vehicle must be received by Sell Your Car Idaho within thirty (30) days after you accept the original offer provided by Sell Your Car Idaho and complete the check-out process on the Sell Your Car Idaho Website (the "Delivery Period") or the offer shall be voidable (and terminate accordingly) in Sell Your Car Idaho’s sole and absolute discretion. Sell Your Car Idaho will inspect all Vehicles that are received. Sell Your Car Idaho, in its unfettered discretion, shall have the right and option to accept or reject any Vehicles received for Sale, including, to reject any Vehicle not conforming to the description you provided to us, any Vehicle modified in such a way that it no longer conforms to the original description, any Vehicle no longer complying with applicable laws or regulations, and any Vehicle damaged or lost in transit. If Sell Your Car Idaho rejects a Vehicle for any reason, the original offer is deemed to have automatically expired and is rescinded. Sell Your Car Idaho reserves the right (but shall not have the obligation) to revoke the original Sale offer and provide a revised offer for the Vehicles if: (a) any Vehicles or materials are not as described; (b) any Vehicles are received by Sell Your Car Idaho after the Delivery Period; (c) Sell Your Car Idaho receives Vehicles that are different from those identified when your offer was calculated; or (d) for any other reason in Sell Your Car Idaho’s sole and absolute discretion. Sell Your Car Idaho typically honors the offer price you receive for your Vehicles on the Sell Your Car Idaho Website for a period of thirty (30) days; sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, Sell Your Car Idaho always reserves the right to recalculate the original offer price and provide a revised offer for the Vehicle if, during the Price-Lock Offer period, the market price for your Vehicle has declined by more than 15%. Sell Your Car Idaho shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Vehicle will be returned to you. Sell Your Car Idaho may require you to provide your own return transport.

In the event Sell Your Car Idaho recalculates the Sale offer originally provided for any Vehicles after the same have been received and inspected for Sale, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with this Agreement. If you reject the new offer, Sell Your Car Idaho will return the Vehicle to you at the address from which it was originally sent or as otherwise arranged. You shall have a period of five (5) days after Sell Your Car Idaho presents you with a recalculated offer via email or text at the address or number you provided to accept or reject the new offer (the "New Offer Period"). If the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with the terms of this Agreement. For the avoidance of doubt, your acceptance of the original offer or any new offer, as may be applicable, shall be final and binding upon you and you may not change your mind later about accepting such offer.

Once you deliver your Vehicle to Sell Your Car Idaho for Sale, Sell Your Car Idaho cannot and does not guarantee that it will be able to honor any request for return of the Vehicle and you agree to release, defend, and indemnify Sell Your Car Idaho from any such claim. If Sell Your Car Idaho rejects any Vehicles received or you do not accept any new offer for the Vehicle pursuant to Sections 11 and 12 ("Return Circumstances"), your Vehicle will be returned to you as set forth in Sections 11 and 12.

You remain responsible for the risk-of-loss for the Vehicles sent to Sell Your Car Idaho for Sale until successful delivery of the same to Sell Your Car Idaho. You are responsible for any damages that may occur to your Vehicle while in transit. Sell Your Car Idaho is responsible for risk-of-loss upon taking possession of your Vehicle. Sell Your Car Idaho’s risk-of-loss shall cease and revert to you in the event Sell Your Car Idaho returns any Vehicle to you for any reason and in such event, risk-of-loss will be transferred to you once Sell Your Car Idaho releases the Vehicle for return to you and you will bear the risk-of-loss while the Vehicle is in transit.

Title to the applicable Vehicles sent to Sell Your Car Idaho for Sale will pass to Sell Your Car Idaho upon Sell Your Car Idaho's receipt and acceptance of the Vehicle for the original offer (or any new offer, as applicable). If there is a Return Circumstance, title to the applicable Vehicles will not transfer to Sell Your Car Idaho and shall remain with you.

Any offer by Sell Your Car Idaho for your Vehicle for Sale is non-transferable and not redeemable for any other consideration other than what is offered by Sell Your Car Idaho. You may not assign any of your rights or delegate any of your obligations under this Agreement without Sell Your Car Idaho’s prior written consent. This Agreement shall inure to and shall be binding upon the parties hereto and their respective heirs, representatives, successors and permitted assigns. All Sales are final and non-refundable unless otherwise agreed by Sell Your Car Idaho in writing. The purchase price for the Vehicles is payable in United States currency without deduction or offset, and free of any exchange unless provided otherwise herein. Unless otherwise agreed or provided by Sell Your Car Idaho in connection with any Sale, Seller is solely responsible for all costs and expenses relating to preparation, transport, taxes, tariffs and duties, insurance, and any other similar financial contributions or obligations relating to the sale and delivery of the Vehicles to Sell Your Car Idaho.

You shall not engage in any activity or transaction involving the Vehicles, by way of shipment, use, or otherwise, that violates any applicable law, including all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority. You shall not directly or indirectly transfer any Vehicles without proper authorization from the U.S. or foreign government, as may be applicable. You shall bear the sole responsibility for and assume all expenses relating to your compliance with all applicable laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Vehicles to Sell Your Car Idaho in connection with a Sale, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from, without limitation, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Zimbabwe, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Sell Your Car Idaho for sale any Vehicles that would violate the provisions of this Section 17.

From time to time, and at Sell Your Car Idaho's sole discretion, Sell Your Car Idaho may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Vehicle, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before check-out with respect to any Sale transaction. For the avoidance of doubt, once check-out is completed, promotions cannot be applied to the same transaction. Sell Your Car Idaho reserves the right, in its sole discretion, to cancel or refuse promotions.

Sell Your Car Idaho makes every effort to ensure the accuracy of all information you receive in relation to any Sale. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Sell Your Car Idaho reserves the right, at any time prior to payment, to:

• Correct an error.
• Change the offer. In the event the Vehicle has already been delivered to Sell Your Car Idaho for Sale, the changed offer will become a New Offer subject to the processes set forth in Sections 11 and 12. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject in accordance with the terms of this Agreement.
• Void a Sale transaction. If the Vehicle was already delivered to Sell Your Car Idaho, Sell Your Car Idaho will be deemed to have rejected the Vehicle resulting in a Return Circumstance subject to Section 13.

Please refer to the Sell Your Car Idaho Privacy Policy for information about how we collect, use and disclose information about you. Sell Your Car Idaho’s Privacy Policy may be found on the Sell Your Car Idaho Website, and is incorporated herein by this reference.

You agree to transact with Sell Your Car Idaho electronically, including agreeing to this Agreement or offering to sell your Vehicles by electronic means. You authorize Sell Your Car Idaho to provide you with terms and important notices about Sell Your Car Idaho and any Sale transactions to the email address associated with your account (or otherwise provided to us in connection with check-out) or by posting notices on the Sell Your Car Idaho Website(s). It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Sell Your Car Idaho Websites. You can retrieve and review this Agreement by clicking on the "Legal" or "Terms" link at the Sell Your Car Idaho Website(s).

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Sell Your Car Idaho Websites and the Sell Your Car Idaho Services, including all devices, Internet browsers and Internet access. If you access the Sell Your Car Idaho Website and the Sell Your Car Idaho Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

By using Sell Your Car Idaho Website(s), you agree not to (i) access any of the Services by any means (including by use of scripts, web crawlers or similar methods) other than through the user interface provided by Sell Your Car Idaho; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Sell Your Car Idaho Websites.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SELL YOUR CAR IDAHO SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH SELL YOUR CAR IDAHO WILL MEET YOUR REQUIREMENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELL YOUR CAR IDAHO OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "SELL YOUR CAR IDAHO PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH SELL YOUR CAR IDAHO UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SELL YOUR CAR IDAHO AND THE SELL YOUR CAR IDAHO PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SELL YOUR CAR IDAHO SERVICES AND SELL YOUR CAR IDAHO WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY US TO YOU IN CONNECTION WITH ANY TRANSACTION OR (II) $100.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. For purposes of this Agreement, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. No waiver by Sell Your Car Idaho of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, or by statute.

Unless otherwise provided herein, the representations and warranties of the parties contained herein shall survive the expiration or earlier termination of this Agreement; and Sections 7, 9, 10, 14, 15, 16, 17, 24, 25, 30, 32, and 35 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement.

The Sell Your Car Idaho Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Sell Your Car Idaho therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content on any Sell Your Car Idaho Websites at any time without prior notice. Sell Your Car Idaho does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

Sell Your Car Idaho reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Sell Your Car Idaho Websites and/or the Sell Your Car Idaho Services. Your continued use of any Sell Your Car Idaho Website or Sell Your Car Idaho Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Vehicle for sale to Sell Your Car Idaho, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Sell Your Car Idaho Websites.

This Agreement and the terms of sale and transfer of title of the Vehicles are governed by and construed in accordance with Idaho law and to the extent applicable, the laws of the United States. No conflict of laws or provisions of any jurisdiction will apply to these terms and conditions. By clicking "accept" below, you agree that any action at law or in equity arising out of or relating to these terms and conditions will be filed in federal or state court located in Ada County, Idaho, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these terms and conditions. All disputes must be adjudicated in the English language.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Each party acknowledges and agrees that any controversy that may arise under this Agreement, including any Sale is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement and the transactions contemplated hereby.

Nothing in this Agreement creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.

Sell Your Car Idaho shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent Sell Your Car Idaho’s failure or delay is caused by or results from the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond Sell Your Car Idaho’s control. Sell Your Car Idaho will endeavor to use diligent efforts to mitigate the effects of any such force majeure event, and shall resume the performance of its obligations as soon as reasonably practicable after the removal of the intervening cause.

Unless otherwise provided herein, in the event that either party institutes any legal suit, action, or proceeding against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.