This Agreement applies to the Registered User of the Website Carable.com, and its affiliated pages (collectively, the “Site”). In this Agreement, “Carable,” “we,” “us,” and “our” mean Carable, Inc. “Registered User,” “you,” or “your,” mean any individual person who registers as a seller or buyer of a motor vehicle on the Site. Registered Users include both “Registered Sellers” and “Registered Buyers.” Carable and each Registered User of the Site may be individually referred to in this Agreement as a “Party” and may be collectively referred to in this Agreement as the “Parties.” “Motor vehicle” or “vehicle” means any motor vehicle you list, sell, or buy in a Vehicle Auction made available through this Site, or any motor vehicle listed, sold, or bought at a Vehicle Auction. Carable hosts the Site to facilitate the private sale of a motor vehicle between an individual Registered Seller and an individual Registered Buyer. Carable does not own, list, sell, or buy vehicles. “Vehicle Auction” or “Auction” means the online sale (or offering for sale) of a motor vehicle between a Registered Seller and a Registered Buyer that is made available through this Site. By signing this Agreement, you agree to be bound by the terms and conditions found in this Agreement. This Agreement governs your obligations with respect to inspection, listing, sale, or purchase of a motor vehicle through the Vehicle Auction. Please read this Agreement carefully, including the arbitration clause. If you do not agree to this Agreement, you may not register or participate in a Vehicle Auction.
You agree to use electronic records and electronic signatures to document this Agreement. Your electronic signatures on electronic records will have the same effect as signatures on paper documents. If you agree to use electronic records and electronic signatures, we will comply with all applicable federal, state and local law and regulations.
UPON ENTERING INTO THIS AGREEMENT, WE WILL PROVIDE YOU WITH AN ELECTRONIC COPY OR A LINK TO AN ELECTRONIC COPY OF THE AGREEMENT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
Carable reserves the right to amend this Agreement at any time. The terms and conditions of the amended Agreement apply to any Vehicle listed, sold, or bought after the effective date of the Agreement. If we change the Agreement, we will send you the revised Agreement for your review and signature. If you do not agree to the revised Agreement, you may not participate in a Vehicle Auction. The terms of this Agreement remain effective until you sign a revised Agreement.
Carable makes the Site available for Registered Users, who are individuals, to buy and sell used motor vehicles in a private consumer purpose sale. All Registered Users must register on the Site before listing, selling, or buying a motor vehicle. The services Carable offers on the Site (“Carable Services”) are described below.
Registration. Users may register by creating an account on the Site. To activate the account, you must verify your email address and mobile phone number by replying to messages Carable sends to the stated e-mail address and mobile phone number. After activation of the account, you may log on to the Site using your username and password. You are responsible for your username and password. You should keep them secret and consider them to be confidential. If you lose your username and/or password, you must notify Carable immediately at email@example.com. You may not assign or allow others to use your username and password. If you provide your username and/or password to another person, we will consider that person to be acting with your actual authority to use these credentials, and we will consider any transactions made by such person using your username and/or password to have been expressly authorized by you.
Registration is available for consumer sellers and buyers who reside in Texas and buyers who reside in any other state willing to travel to Texas to take delivery of a motor vehicle.
Inspection. All vehicles must be inspected by an authorized inspection facility before listing. Registered Seller may schedule an inspection at the Registered Seller’s convenience. Registered Seller may cancel the inspection up to 24 hours prior to the inspection time without penalty. Registered Seller must pay Carable $130.00 for any inspection that has not been cancelled within the 24 hour period. Inspections will be performed according to reasonable industry standards. Pictures of the vehicles will be taken at the time of the inspection.
Registered Seller must make any repair as a result of an open recall. Registered Seller has the right to repair any defects found in any inspection report. Registered Seller may make any repairs solely at Registered Seller’s expense and return the vehicle for further inspection. Any revised report will be used for vehicle valuation, described below.
Vehicle inspection reports are valid for 50 days from the date of inspection.
Valuation. After inspection, Black Book®, a used car valuation guide partnered with Carable, provides Registered Seller an estimated market value of the vehicle (“Market Value”). Registered Seller may adopt the Market Value or set Registered Seller’s price at which Registered Seller will sell the vehicle at Auction ("Sale Price") at a higher or lower amount. Registered Seller's Sale Price must not exceed Market Value by more than 40%. The cost of the written limited warranty is added to the Sale Price prior to Auction.
Auction. After pricing and development of a description of the motor vehicle, the vehicle is placed for Auction. Carable sets the starting bid. During an Auction, any Registered Buyer may bid on the vehicle. Bidding continues until the earlier of (1) a bid meets the Registered Seller’s Sale Price; or (2) the Auction closes, typically 14 days after the vehicle is placed in Auction (the “Bid Period”). If a new bid is received within 60 seconds before the end of the Bid Period, the Bid Period is extended by 3 minutes. Once the bidding has been stalled for 60 seconds at the end of the Bid Period, the Auction is closed and no more bids will be allowed. Registered Users remain anonymous during bidding.
A Registered Buyer who submits a bid that meets the Sale Price wins the Vehicle Auction (“Winning Bid”).
If the highest bid is lower than the Sale Price, the Registered Seller is provided the opportunity to (1) accept the highest bid; (2) reject the highest bid; or (3) make one counteroffer. If Registered Seller rejects the offer and does not make a counter offer within 24 hours of the close of the Bid Period, the vehicle will not be sold. If the Registered Buyer does not accept the counteroffer, the vehicle will not be sold.
Any vehicle not sold during a Bid Period, will be republished the next day and placed for Auction for sequential Bid Periods (up to 14 days for each Bid Period) for 42 days from the date the vehicle is first placed for Auction (“Auction Period”). At the end of the Auction Period, if a vehicle is not sold, the Registered Seller has no obligation to continue using the Site. Registered Seller may extend the Auction Period upon approval by Carable. Carable may require re-inspection of the vehicle prior to such extension.
Completion of Transaction. After acceptance of a Winning Bid or counteroffer, Registered Buyer must pay the non-refundable Auction Hold, Documentation, and Inspections Fees to Carable (see Section 9). Upon receipt of wire instructions, the Registered Buyer, or Registered Buyer’s lender, must wire the amount of the Sale Price to an escrow account held in Carable’s name at a financial institution (the “Bank”). Carable acts as a limited agent authorized by the Parties to hold and process payments upon the sale. Carable does not directly or indirectly receive any compensation for the payment processing. Registered Buyer will then meet Registered Seller to inspect the vehicle in person. Upon inspection, if Registered Buyer agrees to buy the vehicle, Registered Buyer and Registered Seller will sign any sale document required by applicable law. Upon signature of the Purchase Agreement, Carable will direct the Bank to pay the Sale Price, minus any applicable fees and charges, to the Registered Seller’s account.
Risk of loss to the Vehicle transfers to the Registered Buyer at the time of delivery of the vehicle.
Failure to complete the transaction is an event of default under this Agreement and grounds for termination.
Limited Warranties. Vehicles sold in an Auction through the Site are covered by a 90 days, 3000 miles exclusionary limited warranty provided by CENTURY AUTOMOTIVE SERVICE CORPORATION, a California corporation with its principal offices located at 10555 Montgomery Blvd. NE, Bldg. 2, Albuquerque, NM 87111.
The services described above, or made available through the Site, including their terms, conditions, availability, or pricing, are subject to change at any time, without notice. The availability of the services described above, or made available through the Site, as well as their associated fees or charges, may differ depending on geographic locations.
All vehicles listed on the Site must meet the following minimum requirements:
Carable may unilaterally decide that a Vehicle does not qualify for sale on its Site.
All Registered Sellers agree to the following:
All Registered Buyers agree to the following:
All Registered Users agree to the following:
Auction Termination Charge. If a Registered Seller obtains an inspection, but fails to proceed with the Vehicle Auction for the entire Auction Period, the Registered Seller may terminate the Auction at any time by paying Carable an Auction Termination Charge of $150.
Immediate Right of Termination. Carable will have an immediate right to terminate this Agreement in the event that you do any of the following:
Carable also retains the right to immediately terminate this Agreement if you are subject to a federal or state felony criminal investigation, if we detect identity theft (you are not who you say you are), or if you are listed on the Office of Foreign Asset Control’s Specially Designated Nationals List.
We do not have to tell you why we have terminated this Agreement if any of the foregoing reasons apply.
Right to Terminate Upon Notice. Either you or we may terminate this Agreement, without penalty, after the Auction Period. If you terminate this Agreement during the Auction Period, or you fail to proceed with the sale of the vehicle after acceptance of the Winning Bid or a counteroffer, you will pay an Auction Termination Charge, as set forth in Section 9.
What Happens at Termination. Upon termination of this Agreement, Carable will delete a Registered User’s account on Carable. If a Registered User sold or bought a vehicle through Carable, Carable will retain all transaction information as required by law. To the extent applicable, all provisions, including the Arbitration Provision (Section 17), of this Agreement survive termination.
THE LIMITED WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER LIMITED WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.
vehicles are inspected by a third party unrelated to Carable. Carable does not warrant the inspection or the accuracy of THE description of the vehicle or the accuracy of the contents of any inspection report.
Carable does not provide any express limited warranty on any vehicle listed, sold, or bought through the site. Carable does not warrant any vehicle’s merchantibility or fitness for a particular purpose. any limited warranties on the vehicle are provided in writing by separate agreement with a third party limited warranty company unrelated to Carable.
Notwithstanding anything to the contrary in this Agreement, NEITHER CARABLE NOR ANY AGENT OR AFFILIATE OF CARABLE will be liable, or otherwise obligated to pay, ANY REGISTERED USER, any agent or affiliate of ANY REGISTERED USER, any beneficiary of this Agreement, or any other person or entity for (i) any consequential, punitive, or SIMILAR damages, IT BEING THE INTENTION OF THE PARTIES TO LIMIT ANY DAMAGES OF BUSINESS TO ACTUAL DAMAGES EXPERIENCED AS A RESULT OF ANY BREACH; (ii) any loss THAT ANY REGISTERED user, any beneficiary of this Agreement, or any other person or entity may suffer by reason of any services rendered OR NOT RENDERED by CARABLE AND/OR CARABLE’s AGENTS OR AFFILIATES or other action taken or omitted by CARABLE and/or CARABLE’s AGENTS OR AFFILIATES IF DONE IN GOOD FAITH AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; (iii) any loss arising from CARABLE’s AND/OR CARABLE’s AGENTS’ OR AFFILIATES’ adherence to ANY REGISTERED USER’S written or oral instructions; (IV) ANY LOSS, LIABILITY, OR OBLIGATION ARISING IN WHOLE OR IN PART OUT OF THE ACTIONS or inactions of ANY REGISTERED USER; AND/or (v) any act or failure to act by CARABLE and/or any of CARABLE’s agents or affiliaties. Notwithstanding anything to the contrary in this Agreement, in no event will the aggregate liability of CARABLE AND/OR CARABLE’s AGENTS OR AFFILIATES, collectively, exceed the amount paid by ANY REGISTERED USER pursuant to this Agreement and received by CARABLE. THIS paragraph will SURVIVE the TERMINATION and expiration OF THIS AGREEMENT.
Any notice provided under this Agreement will be sent to you at the email address provided by you at the time of your registration. If you later provide us a replacement email address, we will send notices to that address. Except as provided in the Arbitration Provision, any notice or change of information, including any contact information, you provide to us under this Agreement must be sent to us at firstname.lastname@example.org.
You agree to defend, indemnify, and hold Carable, its affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorneys’ fees, arising out of your violation of this Agreement or your misuse of this Site, or any of the products or services provided on this Site.
In the event that any of the terms or provisions of this Agreement are held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.
You may not assign this Agreement, or the rights and obligations thereunder, to any third party without our prior express written approval, which approval may be granted or withheld in our sole and absolute discretion. We may assign our rights in this Agreement in any legally permissible manner, without prior notice to you.
Disputes. Either you or Carable may elect to have a “dispute” resolved by binding arbitration according to this Arbitration Provision. “Dispute” means any claim between you and us arising out of your use of the Site, including inspection, listing, sale or purchase of a motor vehicle or our relationship with you.
Survival of Arbitration Agreement. This Arbitration Provision survives the termination this Agreement, whether by completion of a sale or purchase transaction, by default, or by termination by you or us.
Right to Pursue Small Claims. Notwithstanding this Arbitration Provision, both you and Carable reserve the right to pursue a claim in a small claims court instead of arbitration, if the claim is in that court’s jurisdiction and proceeds on an individual basis.
Rights Limited in Arbitration. This Arbitration Provision requires all disputes (except small claims), upon your or our election, to be resolved only by an arbitrator through final and binding arbitration on an individual basis. If a dispute is arbitrated, you and we give up our rights typically available in a court, including, any right to trial by jury. IF A DISPUTE IS ARBITRATED, YOU WAIVE (GIVE UP) YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN CONNECTION WITH ANY CLAIM YOU MAY HAVE AGAINST US. This is called a Class Action Waiver (see below).
Choice of Arbitrator. You may choose the American Arbitration Association (www.adr.org), Judicial Arbitration & Mediation Services (www.jamsadr.com), or any other arbitration organization subject to our approval, to arbitrate a dispute. If you choose an arbitration organization other than AAA or JAMS, you must notify us of the chosen organization and obtain our approval. You may notify us by email at email@example.com. If you choose AAA or JAMS, please refer to the website of the chosen arbitration organization for instructions on how to initiate a claim.
If there is a conflict between the rules of the arbitration organization and this Arbitration Provision, this Arbitration Provision will control.
Arbitrator and Location. The arbitrators must be attorneys or retired judges and will be selected in accordance with the applicable rules of the chosen arbitration organization, or absent a rule, by agreement of the Parties. The arbitration will be conducted at a place reasonably convenient to you.
Class Action Waiver. You and we agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator may only consider claims on an individual basis, and not on a class, collective, or representative basis.
Costs. Each Party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law (e.g., a Party prevails on a claim that provides for the award of reasonable attorneys’ fees to the prevailing Party). In all cases where required by law or the rules of the chosen arbitration organization, we will advance or otherwise pay any arbitrator's and arbitration fees. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous.
Hearing and Award. The arbitrator may award any Party any remedy to which that Party is entitled under applicable law, but such remedies shall be limited to those that would be available to a Party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator. The arbitrator will issue a decision in writing. Except as may be permitted or required by law, as determined by the arbitrator, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties.
Appeal. The arbitrator’s decision will be final and binding on the Parties. Judgment upon any arbitration award may be entered in any court having jurisdiction. The Parties have a limited right to appeal to the extent allowed by the Federal Arbitration Act.
Applicable Law and Enforceability. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitrator must apply state substantive law and applicable statutes of limitations. Notwithstanding any other provision of this Agreement, the Arbitration Provision or the AAA or JAMS rules, disputes regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any part of the Arbitration Provision, except the Class Action Waiver, is declared unenforceable, the rest of the Arbitration Provision remains enforceable. If the Class Action Waiver is unenforceable, the Arbitration Agreement is unenforceable.
Right to Opt Out of Arbitration. You may opt out of this Arbitration Provision by notifying us by email firstname.lastname@example.org within 15 days of the date of this Agreement. The email must clearly indicate your intent to opt out of this Arbitration Provision, and must include the date. If you do not opt-out within 15 days, you will be bound by the terms of this Arbitration Provision.
Registered Users expressly consent to Carable and its inspection partners using prerecorded/artificial voice messages, text messages, and/or automatic dialing equipment in connection with the inspection, valuation, listing, sale, and purchase of a vehicle using the Site, as the law allows. Carable may monitor and record telephone calls to assure the quality of our service or for other reasons. Registered Users agree that Carable may take these actions using the telephone number(s) and email addresses that Registered Users provide to us in connection with registration on this Site, and in the future, even if the telephone number is for a mobile or cellular telephone and/or our using the number results in charges to you.
You agree that your use of the Site shall be governed by all applicable Federal laws and the laws of the State of Texas, without giving effect to any principles of conflict of law. To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Dallas in the State of Texas
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING OF CARABLE AND THE REGISTERED USER SIGNING BELOW, AND REVOKES AND SUPERSEDES ALL PRIOR AGREEMENTS BETWEEN THE PARTIES TO THIS AGREEMENT. THIS AGREEMENT IS INTENDED AS A FINAL EXPRESSION OF THE AGREEMENT. NO ORAL AGREEMENTS ARE BINDING.
|FACTS||WHAT DOES CARABLE, INC. DO WITH YOUR PERSONAL INFORMATION?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
|What?||The types of personal information we collect and share depend on the product or service you have with us. This information can include:|
· Your name
· Your address
· Your phone number (either landline or mobile phone number)
· Your email address
· The year, make, and model of a motor vehicle you enter in an online Vehicle Auction
When you are no longer our customer, we continue to share your information as described in this notice.
|How?||All financial companies need to share personal information to run their everyday business. In the section below, we list the reasons financial companies can share personal information; the reasons Carable, Inc. chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal information||Does Carable, Inc. share?||Can you limit this sharing?|
|For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus||Yes||No|
|For our marketing purposes — to offer our products and services to you||Yes||No|
|For joint marketing with other financial companies||No||We don’t share|
|For our affiliates’ everyday business purposes — information about your transactions and experiences||No||We don’t share|
|For our affiliates’ everyday business purposes — information about your creditworthiness||No||We don’t share|
|For our affiliates to market to you||No||We don’t share|
|For nonaffiliates to market to you||No||We don’t share|
|Questions?||Call toll free (844) 705-7055|
|What we do|
|How does Carable, Inc. protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.|
|How does Carable, Inc. collect my personal information?||We collect your personal information, for example, when you: · Give us your contact information. · Register for an online Vehicle Auction.|
|Why can’t I limit all sharing?||Federal law gives you the right to limit only:|
· Sharing for affiliates’ everyday business purposes - information about your creditworthiness
· Affiliates from using your information to market to you
· Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing.
|Affiliates||Companies related by common ownership or control. They can be financial and nonfinancial companies. · Carable has no affiliates.|
|Nonaffiliates||Companies not related by common ownership or control. They can be financial and nonfinancial companies. · Carable does not share with nonaffiliates so they can market to you.|
|Joint marketing||A formal agreement between nonaffiliated financial companies that together market financial products or services to you. · Carable doesn’t jointly market.|
By typing your name and clicking the “Submit” button, below, you are placing your electronic signature on this Agreement, and by doing so you:
(a) Acknowledge you have read the entire Agreement, including the arbitration provision in Section 17, above;
(b) Agree to be bound by the terms of this Agreement and the Website Terms and Conditions incorporated herein by reference;
(c) Agree that the vehicle conforms to the specifications in Section 6.
(d) Confirm that, if you are a Registered Seller, you are an individual, over 18 years old, have the requisite ownership rights in and possession of any vehicle title for any vehicle you list for Auction on the Site, and have otherwise fulfilled and agree to fulfill your obligations in Sections 6 and 8 of this Agreement;
(e) Confirm that, if you are a Registered Buyer, you are an individual, over 18 years old, have the funds available to buy a Vehicle, and have otherwise fulfilled and agree to fulfill your obligations in Sections 7 and 8 of this Agreement; and