Last Updated: August 2023
Thank you for visiting turbu.com.
In this Terms of Use agreement, the terms “turbu”, “we”, “us”, and “our”, refer to turbu, inc. and the terms “you” and “your” refer to you as a user of our website along with any related media forms, channels, mobile websites, applications, products, and services (collectively, the “Platform”) owned and operated by turbu, inc.
By accessing and using the Platform, you agree to be bound by and comply with the following legally binding Terms of Use agreement (“Terms”) made between you and turbu. These Terms pertain to your use of the Platform on behalf of yourself or an entity that you represent.
It is important that you carefully review and understand these Terms before accessing or using the Platform. Your use and access to our Platform are subject to the Terms; if you do not agree to any or all of the terms, then you are prohibited from using the Platform and must discontinue use immediately.
The Platform provides a vehicle information and listing platform that brings together Users to list, search, and bid on vehicles for sale, and connect with other Users via messaging, and otherwise interact with the Platform. These Terms apply to your use of the Platform in connection with (a) acting as a "Buyer" submitting bids and/or messages expressing an intent to purchase vehicles or other products and services listed by Sellers on the Platform, (b) acting as a "Seller" submitting information in connection with the listing of a vehicle or service on the Platform, or (c) using the Platform as a visitor, registrant, or in any other capacity permitted by these terms. All of the foregoing designations shall be collectively referred to as "Users".
As part of our services on the Platform, turbu may verify pertinent information on the respective vehicle title and vehicle listing provided to us by the Seller. The verification process we offer does not guarantee ownership of the vehicle listed by the Seller. It is solely intended to serve as an additional review procedure by us to prevent inaccurate information submitted by the Seller. You therefore acknowledge and agree that turbu makes no representation or warranty as to the status of vehicle information, including title or registration status, owes you no duty of care with respect thereto, and you hereby waive, release and discharge turbu from and against any and all damages, claims, losses or liabilities arising out of or in any way related to the vehicle information appearing on the Platform.
Turbu is not a party to any transaction between Buyers and Sellers that originates on or through the Platform. We are not a broker, dealer, or traditional auctioneer, and we do not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate a sale or exchange of an interest in any vehicle listed on the Platform.
We do not hold title for any vehicle listed on the Platform, nor do we inspect any vehicle listed on the platform. Additionally, we do not have any vehicle listed on the Platform in our legal possession, custody or control.
By accessing and using the Platform, you agree to the following representations and warranties: (1) you have the legal capacity to enter into these Terms of Use and agree to comply with them; (2) you are of legal age in your jurisdiction to use the Platform; (3) you will not access the Platform using any automated or non-human means, including but not limited to bots or scripts; (4) you will not use the Platform for any illegal or unauthorized purpose, or attempt to upload malicious or harmful content, including viruses or malware; and (5) your use of the Platform will not violate any applicable law or regulation.
You acknowledge that any information you provide to us must be true, accurate, current, and complete. If we determine that any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and prohibit any or all current or future use of the Platform (or any portion thereof).
Our Platform may be subject to the Children’s Online Privacy Protection Act (“COPPA”), which requires that online service providers obtain parental consent before knowingly collecting personally identifiable information from children under the age of thirteen (13). We do not knowingly collect such information from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not attempt to register for or use our Services or provide any personal information to us. If we become aware that we have inadvertently collected personal information from a child under the age of thirteen (13), we will take steps to delete that information as quickly as possible. If you believe that a child under the age of thirteen (13) has provided us with personal information, please contact us immediately at [email protected].
Users may submit, generate, present, upload, exhibit, send, publish, disseminate content or materials to us or other Users on the Platform, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other materials (collectively, "User Data & Content"). User Data & Content may be visible to other Users and third-party websites. Any User Data & Content shall be processed according to the Privacy Policy.
Users agree to the following representations and warranties: (a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Data & Content do not and will not infringe upon the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; (b) you are the sole creator and owner of or have all necessary licenses, rights, consents, releases, and permissions to use and to authorize turbu, and other Users of the Platform to use your User Data & Content in any manner contemplated by the turbu and these Terms; (c) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Data & Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Data & Content in any manner contemplated by turbu and these Terms; (d) your User Data & Content is not false, inaccurate, or misleading; (e) your User Data & Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us); (f) your User Data & Content do not ridicule, mock, disparage, intimidate, or abuse anyone; (g) your User Data & Content is not used to harass or threaten any other user and to promote violence against a specific person or class of people; (h) your User Data & Content do not violate any applicable law, regulation, or rule; (i) your User Data & Content do not violate the privacy or publicity rights of any third party; (j) your User Data & Content do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual, violent or otherwise illegal manner in any jurisdiction in the world; (k) your User Data & Content do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors; (l) your User Data & Content do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and (m) your User Data & Content do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Users are solely responsible for their User Data & Content. Users assume all risks associated with their User Data & Content, including any reliance on its accuracy, completeness, or usefulness to others, or any disclosure of personally identifiable information. Users may not claim or suggest that their User Data & Content is provided, sponsored, or endorsed by turbu. Turbu will not be liable for any inaccuracies or defects in User Data & Content, and Users acknowledge and agree that turbu is not responsible for User Data & Content and makes no guarantees regarding its accuracy.
By submitting User Data & Content, Users grant us perpetual, irrevocable, nonexclusive, royalty-free, fully transferable, fully paid, worldwide sublicensable right and license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use the User Data & Content for any lawful purpose. You agree to waive any claims and assertions of moral rights or attribution with respect to your User Data & Content.
Users acknowledge and agree that turbu is not responsible for any interactions between Users of the Platform, and we will not be liable for any loss or damage resulting from such interactions. Turbu is not a party to any vehicle sale contract between a Buyer and Seller that originates on or through the Platform, and Users are solely responsible for their interactions with other Users, including any vehicle purchase transactions. Turbu is not obligated to monitor or delete any derogatory User Data & Content but may remove or modify User Data & Content at any time at our sole discretion. Turbu is not liable for any User's action or inaction, and Users agree to hold turbu harmless for any disputes arising from their use of the Platform.
Users acknowledge and agree turbu to store User Data & Content transmitted by you to the Platform for the purpose of managing User Platform fees, performance, and data related to your use of the Platform. While we perform routine backups of User Data & Content, you assume sole responsibility for all data transmitted or associated with any activity you undertake on the Platform. Users acknowledge and agree that we shall not be liable to you for any user fees incurred for using the Platform and corruption or loss of User Data & Content, and you hereby waive any right of action against us for any user fees incurred using the Platform and corruption or loss of User Data & Content.
Users acknowledge and agree to pay for any applicable fees, including but not limited to any Buyer's fee for an initial deposit in relation to a bid, Seller's fee for an initial deposit in relation to submission of Auction Listing (as defined hereinafter), Buyer's fees, and Seller listing fees as specified on our Platform for bids or purchases of products, features, and/or services ("Purchases") listed on the Platform. This includes the payment of any relevant sales, use taxes, or similar charges. Certain products, fee-based services, or features that you purchase, access, or download through the Platform may be subject to additional terms and conditions presented to you at the time of purchase, access, or download.
All payments made to turbu are facilitated through Stripe, Inc., a third-party payment processing service. You can find Stripe's terms of service at https://stripe.com/us/terms.
It is essential that all information provided by you in connection with a Purchase, including any initial deposit as a buyer in relation to a bid, initial deposit as a seller for publishing an Auction Listing, and buyer's fees and seller listing fees, is accurate, complete, and up-to-date. You are responsible for all charges incurred using your credit card, debit card, or any other payment method associated with a Purchase on the Platform at the prevailing prices. You are also responsible for any applicable taxes related to the Purchase, if applicable.
Seller hold fees shall be charged at the initiation of an auction. Seller shall be required to place a valid credit card on file, which shall be charged the then-applicable Seller hold fee when the auction reserve price has been met.
The prices displayed for vehicles or any other products or services listed by Sellers on the Platform are determined by the Sellers themselves, and turbu is not responsible for establishing or negotiating prices or associated fees, and has no involvement whatsoever with respect thereto. The listed prices set by Sellers on the Platform may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. Sellers may add any or all of the mentioned taxes and fees, or any other applicable taxes and fees, to the listed price when calculating the final sale price to be charged to a buyer.
All amounts on the Platform are denominated in U.S. dollars.
All Purchases made from a Seller using the Platform are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a Purchase or have any questions, you must directly contact the applicable Seller. In no event is turbu liable for any sums which a Buyer may have paid to a Seller, for any reason. Notwithstanding the foregoing, the Seller hold fee shall only be charged when the auction reserve price has been met. If the auction reserve price is not met, the Seller hold fee will be released without charge.
Auction vehicle listings are vehicle listings submitted or published on the Platform by the Sellers who commits to sell their vehicle to the Buyer with the highest bid, if it is above the Seller’s reserve price, by the time of auction end and will be referred to as “Auction Listing”. The reserve price is the minimum price at which the Seller is willing to consider a sale to a Buyer.
Non-Auction vehicle listings are vehicle listings submitted or published on the Platform by the Sellers who are willing to sell the listed vehicle at the price, including but not limited to any other terms that may or may not be specified in the listing and will be referred to as a “Non-Auction Listing”.
Sellers are solely responsible for the User Data & Content contained within their listing. Turbu reserves the right to, but is under no obligation to, and does not assume any obligation to, review vehicle listings before or after they are published on the Platform to confirm information. Turbu reserves the right to reject or immediately remove your listing from the Platform without notice and without liability or providing a refund, if you, or the listing violate these Terms. We cannot and will not be responsible for verifying the accuracy or currency of any information (including credentials) provided by Buyers or Sellers about themselves or the vehicles they offer.
If a vehicle make and/or model is not listed on the Platform, you may contact us at [email protected] and we will seek to obtain the vehicle details from the Seller and add it to the Platform if applicable.
Sellers are responsible in all respects for the User Data & Content and any other information related to any vehicle, product or service they decide to sell and publish on the Platform. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Terms.
In connection with Auction Listings, Seller acknowledges and agrees that if by any means the Seller removes the Auction Listing on the Platform before the end of the auction, the Seller fees associated with the initial deposit will not be refunded. Sellers acknowledge turbu only provides the opportunity to transact with the winning bidder after the auction ends, any attempts to transact the sale through the Platform with any other user besides the winning bidder is prohibited and subject to removal from the Platform.
Seller acknowledges and agrees that all Seller fees associated with any usage of the Platform are binding and non-refundable from turbu. To the extent Seller attempts, or does so initiate, an unwarranted charge-back against any such Seller fees, or fails to remit payment as and when due for any reason, Seller shall be responsible for the payment of all fees and costs (including reasonable attorneys' fees and court costs) incurred by turbu as a result of such charge-back or failure to remit payment as required.
Buyer acknowledges and agrees that (a) the Buyer fees associated with each bid submitted via the Platform are binding and thus due and payable to turbu in accordance with the Platform, and (b) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Platform. If you decide to bid on a vehicle Auction Listing by a Seller on the Platform, you acknowledge and agree that your bid constitutes the first step in expressing your interest to a Seller in the listed vehicle and does not in and of itself create a formal contract between you as the Buyer and such Seller.
It is the responsibility of a Buyer and Seller, respectively, to communicate and negotiate the terms of a binding transaction and enter into a formal contract for the sale of any vehicle. This contracting is outside of the scope of these Terms and subject to Buyer and Seller's sole control and consent. Buyer's responsibility for any shipping or delivery fees shall be set forth in the formal sales agreement between the applicable Seller and Buyer.
Buyer acknowledges and agrees that all Buyer fees associated with any usage of the Platform are binding and non-refundable from turbu. To the extent Buyer attempts, or does so initiate, an unwarranted charge-back against any such Buyer fees or fails to remit payment as and when due for any reason, Buyer shall be responsible for the payment of all fees and costs (including reasonable attorneys’ fees and court costs) incurred by turbu as a result of such charge-back or failure to remit payment as required.
You acknowledge and agree that turbu bears no risk associated with purchasing a vehicle from a Seller listed via the Platform.
Users are prohibited from accessing or using the Platform for any purpose other than the purpose for which it is made available by us. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Users acknowledge and agree to the following: (1) you will not systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (2) you will not make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (3) you will not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any User Data & Content or enforce limitations on the use of the Platform and/or the User & Data Content contained therein. (4) you will not engage in unauthorized framing of or linking to the Platform; (5) you will not trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (6) you will not improperly use our support services or submit false reports of abuse or misconduct; (7) you will not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (8) you will not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform; (9) you will not attempt to impersonate another user or person or use the username of another user; (10) you will not sell or otherwise transfer your profile; (11) you will not use any information obtained from the Platform in order to harass, abuse, or harm another person; (12) you will not use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the User Data & Content for any revenue-generating endeavor or commercial enterprise; (13) you will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; (14) you will not attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform; (15) you will not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you; (16) you will not delete the copyright or other proprietary rights notice from any of our Platform; (17) you will not copy or adapt the Platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (18) you will not upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any users uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform; (19) you will not upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices; (20) except as may be the result of standard search engine or Internet browser usage, you will not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software; (21) you will not transmit fraudulent funds; (22) you will not to use the Platform in a manner that may be deemed by us, American Express, Discover, Visa, MasterCard, or any other electronic funds transfer network as an abuse of the card system or a violation of card association or network rules; (23) you will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform; (24) you will not use the Platform in a manner inconsistent with any applicable laws or regulations.
In the event that you breach the Terms, you are held liable for any damages that turbu may suffer as a result of such violation, and you agree to defend, indemnify and hold harmless, turbu, and its officer, directors, contractors, agents and employees from and against any and all such damages, claims, liabilities, costs and fees (including reasonable attorneys' fees).
The Platform, unless otherwise specified, is our exclusive property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as "Platform Content") and the trademarks, service marks, and logos contained therein (the "Marks"). The Platform Content and Marks are protected by copyright and trademark laws, unfair competition laws of the United States, international copyright laws, and international conventions.
The Platform Content and Marks are provided on the Platform "AS IS" for your information and personal use only. You are not permitted to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or exploit any part of the Platform, Platform Content, or Marks for any commercial purpose without our express prior written permission, except as expressly permitted by these Terms.
Users accessing the Platform are granted a limited license to access and use the Platform, and to download or print a copy of any portion of the Platform Content that you have properly accessed, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Platform Content, and Marks.
The Platform may contain links to third-party websites ("Third-Party Websites"), including social media platforms, and may feature content, including articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other materials, that originate from third parties ("Third-Party Content"). We do not investigate, monitor, or check for accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content, and we shall not be responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or submitted from the Platform. This includes the content, accuracy, opinions, reliability, offensiveness, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use or submission of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement thereof.
You acknowledge and agree that if you decide to leave the Platform and access Third-Party Websites or use or submit any Third-Party Content, you do so at your own risk, and these Terms will no longer govern. You are advised to review the applicable terms and policies, including privacy and data gathering practices, of any third-party website or application to which you navigate from the Platform or relating to any applications you use or submit from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we do not take any responsibility for such purchases, which are exclusively between you and the applicable third-party. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. You also agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We care about data privacy and security. Your use of and access to the Platform may involve transmission of your personal information from you directly or indirectly about you through the Platform. By using the Platform, you agree to be bound by our Privacy Policy, which describes our privacy practices as well as choices you may have with respect to the collection and processing of your information and is incorporated in the Terms in their entirety.
Please be advised that the Platform is hosted in the United States. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Your use of the Platform is subject to these Terms, which will remain in effect while you access or use the Platform. We reserve the right, without notice or liability, to deny access to and use of the Platform to anyone, including but not limited to, as a result of: (a) breach of Terms of Use, (b) fraudulent or illegal activities, (c) any modification or interference with the software, data files, and/or content present within or obtained through the Platform, (d) any applicable law or regulation. We may terminate or suspend your use of the Platform, or delete any content or information you posted on the Platform at any time and without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from creating a new account using your name, a fictitious or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take legal action, including pursuing civil, criminal, and injunctive remedies.
These Terms shall be construed and governed solely in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law that would result in the application of the law of another jurisdiction.
All disputes between you and turbu arising under or related to these Terms must be resolved through binding arbitration. The agreement to arbitrate is intended to have a broad interpretation and includes, but is not limited to, all claims and disputes relating to your use of any of the Platform.
You and turbu agree to waive the right to trial by jury or to participate in a class action. You and turbu agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
WITHOUT THIS PROVISION, YOU WOULD RETAIN THE RIGHT TO INITIATE A LAWSUIT IN COURT AND HAVE A TRIAL BY JURY. The arbitration proceedings shall be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), which can be accessed at the AAA website: www.adr.org. Your responsibility for arbitration fees and your portion of arbitrator compensation shall be governed by the AAA Consumer Rules and, if applicable, subject to their limitations. The arbitration may be conducted in person, through the submission of documents, via telephone, or online. The arbitrator will render a written decision, although a statement of reasons is not required unless requested by either Party. The arbitrator is obligated to adhere to applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise stipulated by the relevant AAA rules or applicable law, the arbitration will be conducted in California, United States. Except as expressly provided in this agreement, the parties may seek judicial relief in court to enforce arbitration, obtain a stay of proceedings pending arbitration, or enforce, modify, vacate, or enter judgment on the arbitrator's award.
If there is a dispute between you and other users of the Platform or a third party, we are not obligated to become involved. You release us from any claims, demands, and damages of every kind or nature arising from any disputes with other users or third parties, and you waive any rights under California Civil Code Section 1542 or similar laws in any jurisdiction. Section 1542 provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You represent and warrant that you have read and understood the provisions of California Civil Code Section 1542. Further, you acknowledge that you have been advised to seek legal counsel, given a full and fair opportunity to retain counsel and seek advice, and have received the advice of counsel or knowingly waived your right to seek advice of counsel and enter into this agreement freely and voluntarily.
We reserve the right to update these Terms in the future, and any changes will be effective prospectively. We will post an updated version on the Platform or provide notice to you via email or other means available through the Platform. You agree to receive such notices and consent to receive updates in this way. It is your responsibility to check this page or section regularly to ensure you are aware of the current version of the Terms. Your continued use of the Platform following any revisions indicates your acceptance of the updated Terms.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, TURBU AND ITS AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF.
TURBU AND ITS AFFILIATES DO NOT MAKE AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING THE SELLER LISTINGS ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE OR OTHER PRODUCT OR SERVICE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE OR OTHER PRODUCT OR SERVICE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE OR OTHER PRODUCT OR SERVICE FOR SALE. TURBU CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO. ANY AND ALL CONCERNS, DIFFERENCES, OR DISCREPANCIES REGARDING A VEHICLE OR OTHER PRODUCT OR SERVICE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE OR OTHER PRODUCT OR SERVICE.
TURBU AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE OR OTHER PRODUCT OR SERVICE AS TO THE EXISTENCE, OWNERSHIP, OR CONDITION OF THE VEHICLE OR OTHER PRODUCT OR SERVICE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE, PRODUCT, OR SERVICE PUBLISHED ON THE PLATFORM. ALL INFORMATION RELATED TO VEHICLES OR OTHER PRODUCTS AND SERVICES AVAILABLE ON THE PLATFORM IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR ERRORS THAT MAY APPEAR ON THE PLATFORM OR IN ANY LISTINGS. IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION, OR CONDITION OF A VEHICLE, INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE, DUE TO AN ERROR, WE ARE NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION. TURBU AND AFFILIATES CANNOT AND DO NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. TURBU AND THEIR SUBSIDIARIES AND AFFILIATES RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE PLATFORM.
TURBU DO NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING ANY VEHICLE ADVERTISED OR OFFERED BY A SELLER THROUGH THE SERVICE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A BIDDER OR OTHER THIRD-PARTY PROVIDER.
TURBU DOES NOT MAKE REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF VEHICLES OR OTHER PRODUCTS AND SERVICES OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY SELLER VEHICLES. ANY SELLER VEHICLES AND PRODUCTS OR SERVICES PURCHASED OR OFFERED THROUGH THE PLATFORM ARE PROVIDED "AS-IS" AND WITHOUT ANY WARRANTY OF ANY KIND FROM TURBU AND ITS AFFILIATES.
TURBU IS NOT A PARTY TO ANY TRANSACTION BETWEEN BUYERS AND SELLERS THAT ORIGINATES ON OR THROUGH THE PLATFORM. WE ARE NOT A BROKER, DEALER, OR TRADITIONAL AUCTIONEER, AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE PLATFORM. WE DO NOT HOLD TITLE FOR ANY VEHICLE LISTED ON THE PLATFORM, NOR DO WE INSPECT ANY VEHICLE LISTED ON THE PLATFORM. ADDITIONALLY, WE DO NOT HAVE ANY VEHICLE LISTED ON THE PLATFORM IN OUR LEGAL POSSESSION.
TURBU DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TURBU OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. TURBU WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TURBU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE PLATFORM, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM, OR ANY OTHER MATTER RELATING TO THE PLATFORM.
IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE PRECEDING LIMITATIONS, TO THE FULLEST EXTENT PERMITTED BY THE LAW, TURBU SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PLATFORM. BY USING THE PLATFORM, YOU AGREE NOT TO HOLD TURBU RESPONSIBLE FOR ANY SUCH DAMAGES OR LOSSES. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO: (1) YOUR USE OF, OR YOUR INABILITY TO USE AND ACCESS TO THE PLATFORM; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE PLATFORM; (3) MALICIOUS SOFTWARE, INCLUDING BUT NOT LIMITED TO VIRUSES, OBTAINED BY ACCESSING OR USING THE PLATFORM; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND ON THE PLATFORM; (5) ACTIONS, OR INACTIONS OF OTHER USERS ON THE PLATFORM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $10.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold turbu (including its affiliates, service providers, officers, directors, agents, partners, and employees) harmless from any and all damages, losses, liabilities, costs, and expenses (including reasonable attorneys' and applicable fees) arising from any Claim made by any User or third party due to or arising out of (a) your use of the Platform, including any use committed by a third party using your account, (b) your violation of the Terms of Use, (c) your violation of a third party's rights, including but not limited to intellectual property rights; (d) any harmful act you commit toward another user of the Platform with whom you connected via the Platform, (e) your violation of applicable laws or regulations. If any such claim, action or proceeding is made against turbu, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in such defense. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. However, failure to provide such notice shall not relieve you of your indemnification obligations hereunder.
Your use of the Platform, including visiting the Platform, sending us emails, and completing online forms, constitutes your agreement to receive electronic communications from us. You acknowledge that such electronic communications, including agreements, notices, disclosures, and other communications, satisfy any legal requirement that such communication be in writing. By using the Platform, you also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. If you do not wish to receive electronic communications, you may not use the Platform.
If you are not satisfied with the resolution of any complaint you have with us, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can do so by writing to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952-5210 or (916) 445-1254.
The Terms, along with any policies or operating rules posted on the Platform, represent the entire agreement and understanding between you and us. Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. We will operate under these Terms to the fullest extent allowed by law. At any time, we may assign our rights and obligations to others. We are not responsible for any loss, damage, delay, or failure to act caused by factors outside of our reasonable control. If any part of these Terms is determined to be unlawful, void, or unenforceable, that part will be considered separate and does not impact the validity of the remaining provisions. The use of the Platform does not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that the fact that we drafted these Terms will not be construed against us. By using the Platform, you waive any defenses that may arise due to the electronic form of these Terms or the absence of signatures from both parties.
If you have any questions regarding the Terms or would like more information about using the Platform, please contact us at [email protected].