Terms and Conditions

Last updated: Sep 23, 2015

PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS USE AGREEMENT AND PRIVACY POLICY. NO PERSON OR COMPANY WILL BE PERMITTED TO USE THIS WEBSITE, SERVICE OR APPLICATION UNLESS USER ACCEPTS THE TERMS OF THIS AGREEMENT. YOU HEREBY CERTIFY THAT YOU ARE AN AUTHORIZED DEALER OF MOTOR VEHICLES AND AUTHORIZED REPRESENTATIVE OF THE DEALERSHIP REFERENCED ON YOUR BACKLOTCARS ACCOUNT. BY USING BACKLOTCARS.COM, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ON BEHALF OF THE DEALERSHIP YOU REPRESENT. IN NO WAY IS BACKLOTCARS RESPONSIBLE FOR ANY MISREPRESENTATIONS MADE BY ANY DEALER, PERSON OR COMPANY USING THIS APPLICATION AND/ OR WEBSITE.

As a user of the BacklotCars website and application, user agrees to the following terms and conditions:

  1. General Provisions

    BacklotCars, Inc collection, use, and disclosure of information are subject to the terms of its privacy policy, shown below. Should user believe that any material on the BacklotCars website is inaccurate, Participant should forward a copy of the material and explanation to help@backlotcars.com. If a user believes its intellectual property has been improperly posted or distributed via the BacklotCars website, user should notify BacklotCars at help@backlotcars.com. BacklotCars may change the terms of this Agreement from time to time. By continuing to use the BacklotCars website and application following BacklotCars notice to you of such changes, you agree to be bound by this Agreement, as modified. BacklotCars may change, restrict access to, suspend, or discontinue the website or application, or any portion of the BacklotCars website or application, at any time without notice to any user. BacklotCars reserves the right to deny use of the BacklotCars website or application, or any service or feature provided by BacklotCars, without prior notice to anyone who violates this Agreement or who, in our judgment, uses our website in an inappropriate manner, engages in unscrupulous commercial conduct, interferes with the ability of others to enjoy our website, or infringes the rights of others.

  2. How BacklotCars Works

    BacklotCars, Inc is a software as a service website and application that allows dealers to network with other dealers for the purpose of making connections to buy, sell or trade wholesale inventory between dealerships on a local and national level. The founders of BacklotCars saw a need in the automotive remarketing industry for a dealer driven and regulated social networking site that allows dealers to interact and conduct business directly with each other thereby eliminating the need for auctions, faxing run lists for back lot sales, wholesalers constantly sitting in dealerships or calling, and not having an audience to sell inventory to or network to buy from. Simply put we wanted to bring dealers together and let them save time and money and wholesale on their own terms and not the terms of auctions. Each dealer can set their terms of sale how they see fit. Dealers can provide feedback on other dealers and respond to that feedback (just like a very popular auction website). Dealers handle their own transactions and network with the dealers they choose to be in their network. BacklotCars is the platform to list your cars and network with other dealers to eliminate the middleman.

  3. Registration and Access

    To obtain access to BacklotCars a dealer must send us a copy of their dealer license and certify that the person requesting access is an authorized representative of the dealer requesting access. Each dealer will select a username and password. If BacklotCars has reasonable grounds to suspect that information a representative provides as part of his registration is untrue, inaccurate, not current or incomplete, BacklotCars has the right to suspend or terminate the representative's account and refuse any and all current or future use of the website (or any portion thereof). Dealership and its representatives are responsible for maintaining the confidentiality of passwords and account numbers, and dealership and users are responsible for all activities that occur under its account and the accounts of its representatives. If dealership or user discovers or suspects any unauthorized use of its account or any of its representatives' accounts or any other breach of security, user will immediately notify BacklotCars. BacklotCars is not responsible for any loss or damage arising from Participant's failure, or the failure of Participant's representatives, to protect or to keep password or account information confidential.

  4. Conducting Transactions

    Information about a particular vehicle listed on BacklotCars is supplied by the seller of the vehicle, not by BacklotCars, and BacklotCars does not make any representations or warranties with respect to the accuracy or completeness of such information or the condition of any vehicles. Responsibility for the information contained in vehicle listings lies with each seller. BacklotCars cannot monitor all the listings posted to the BacklotCars website, BacklotCars reserves the right (but assumes no obligation) to delete, move, or edit any listings, ads or other postings that is considered unacceptable or inappropriate, whether for legal or other reasons. By using the BacklotCars website, user (for itself and on behalf of each of its representatives) agrees not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to use the BacklotCars website. BacklotCars will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to BacklotCars. However, BacklotCars may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce this Agreement, or to protect the rights, property or safety of visitors to the BacklotCars website, BacklotCars advertisers, the public or BacklotCars. By using BacklotCars the user agrees that any representations made by any user belong to and are made by that user and user agrees to hold BacklotCars harmless for any representation, fraud or wrongdoing by or between the user’s of BacklotCars.

  5. Additional Terms and Conditions for Sellers

    All pricing information and terms of sale are set by each individual seller and are in no way representations of BacklotCars. We are just for networking, the transactions are between the users of the website only and done so on the big boy system. Everyone using this website agrees that any dispute arising from a transaction done with another user of BacklotCars is between the users and in no way involves BacklotCars. All title transfer, delivery of title or other title work or transaction of bill of sale, paperwork or transfer of funds will be handled between the dealers/users. BacklotCars does not handle or facilitate transactions in any way shape or form. Users of BacklotCars and its licensees may include Dealer/ User’s name, contact(s), location and phone number in Participant's vehicle listings. All sellers can set their own terms and conditions on their profile page. All users/ dealers using BacklotCars will indemnify and hold BacklotCars and its employees, and its licensees and their affiliated entities, and their employees, harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with any breach or alleged breach of any of the foregoing representations and/or warranties, and/or resulting from any mistake or inaccuracy in vehicle listings information made available by user/ dealer (or on user/ dealer’s behalf). By submitting material to BacklotCars, user/ dealer is permanently granting BacklotCars all rights to the material, including the right to modify the material, to display and distribute the material and otherwise use it commercially, and to maintain the material in an archive. Participant represents and warrants that (i) it is the true and lawful owner of each vehicle listed on BacklotCars on Dealer/ User’s behalf, (ii) that the same is free from all liens and encumbrances, (iii) that Participant has the good right and full power to sell and transfer title to the same, and (iv) that Participant will warrant and defend the same against the lawful claims and demands of all persons whomsoever.

  6. Additional Terms and Conditions for Buyers

    User/ Dealer agrees to handle all transactions and understands that all users and dealers are responsible for any contract made with or between any other party and any representations made on the site are made by the dealers/ users and not BacklotCars.

  7. Consent to Receive Advertising and Other Communications

    Dealer/ User acknowledge that BacklotCars may use means other than the website to support the sale and purchase of vehicles and to promote the services it offers buyers and sellers. Without limiting the generality of the foregoing, user/ dealer grants its express consent to receive advertising offers and other information from BacklotCars on their own behalf or on behalf of their respective affiliates, sellers, consignors, or other customers, for any commercial or advertising purpose, using the telephone numbers (whether business, home or mobile numbers), fax numbers, SMS codes, e-mail addresses, and other contact information provided during the registration process, or at any other address, telephone number, fax number, SMS code, e-mail address or contact point used in connection with user’s/ dealer’s business. User/ Dealer hereby covenants not to sue and waives and releases BacklotCars and their respective officers, employees, agents, representatives, affiliates and customers for any and all rights, claims and causes of action arising out of the communications described in this paragraph, including without limitation, claims that such communications violate Participant's rights under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any federal or state law or regulation governing telemarketing, email marketing or fax marketing activities. User/ Dealer may terminate its consent only by providing a written notice, executed by an authorized representative of Participant, to help@backlotcars.com. The written notice must expressly state that Participant is revoking its consent to receive advertising offers and other information from BacklotCars.

  8. Links to Other Sites

    BacklotCars may make available a variety of links to other vendors' websites where users of BacklotCars can obtain vehicle related products and services. BacklotCars cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. BacklotCars is not responsible for the products or services these vendors provide. Any user of BacklotCars releases BacklotCars and its affiliates from any damages that said user may incur, and agrees not to assert any claims against them, arising from user’s purchase or use of third party supplied products and services.

  9. Ownership and Permissions

    The materials on the BacklotCars website are the property of BacklotCars or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Agreement, neither users/ dealers nor its representatives may distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the BacklotCars website. Neither user/ dealer nor its representatives may use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on the BacklotCars website. Dealer/ user may establish a hypertext link to the BacklotCars website so long as the link does not state or imply any endorsement or sponsorship of Participant by BacklotCars or any of its affiliates. However, without the prior written permission of BacklotCars, neither dealer/ user nor its representatives may frame any of the content of the BacklotCars website or incorporate into another website or other service any intellectual property of BacklotCars or its licensors. Requests for permission to frame Backlot Car’s content may be sent to help@backlotcars.com. BacklotCars is a trademark of BacklotCars, Inc. Neither dealer/ user nor its representatives may use any trademark or service mark appearing on the BacklotCars website without the prior written consent of the owner of the mark. BacklotCars claims no ownership of any trademark or service mark posted on the website by users. All trademarks posted on the website belonging to Automobile Manufacturers or other businesses are posted by the users for informational purposes only and users accept full legal responsibility for having license to display or post trademarks or service marks.

  10. Disclaimer of Warranties, Limitation of Liability, and Indemnification

    USER/ DEALERS RELIANCE ON ANY INFORMATION ON BACKLOTCARS DOES SO AT ITS OWN RISK. USER/ DEALER UNDERSTANDS THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED ON BACKLOTCARS. BACKLOTCARS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH BACKLOTCARS (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE BACKLOTCARS WEBSITE). NOR DOES BACKLOTCARS GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE BACKLOTCARS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL BACKLOTCARS OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO USER/ DEALER OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USER/ DEALER’S USE OF THE BACKLOTCARS WEBSITE OR ANY PRODUCT OR SERVICE PROMOTED OR ADVERTISED OR ACCESSIBLE THROUGH LINKS ON THE BACKLOTCARS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF BACKLOTCARS, AFFILIATES, AGENTS OR LICENSORS ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. USER/ DEALER AGREES THAT THE LIABILITY OF BACKLOTCARS AND ITS PARENTS, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THE BACKLOTCARS WEBSITE AND/OR BACKLOTCARS SERVICES WILL NOT EXCEED THE AMOUNT DEALER/ USER PAID, IF ANY, FOR THE USE OF THE BACKLOTCARS WEBSITE, OR FOR THE PROVISION OF SUCH SERVICES, OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO USER/ DEALER. USER/ DEALER AGREES TO INDEMNIFY AND HOLD HARMLESS BACKLOTCARS, ITS AFFILIATES, EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING USER PLACES OR RESPONDS OR TRANSACTS THROUGH THE BACKLOTCARS WEBSITE AND ANY AND ALL CLAIMS WITH RESPECT TO DEALER/ USER’S CONSENT TO RECEIVE ADVERTISING OFFERS AND OTHER INFORMATION VIA DIRECT MAIL, TELEPHONE, EMAIL, AND FACSIMILE TRANSMISSIONS FROM BACKLOTCARS.

  11. Miscellaneous

    Neither dealer/user nor its representatives may use the services provided by BacklotCars to send unsolicited bulk and/or commercial messages ("spamming"). Dealers/ users may not use information concerning other users of the BacklotCars website, or the vehicles they have listed or searched for on the BacklotCars website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.

    This Agreement has been made in, and will be construed in accordance with the laws of, the State of Kansas. By using the BacklotCars website, all users/dealers/participants consent to the exclusive jurisdiction and venue of the state court of Johnson County, Kansas and federal courts in Wyandotte County, Kansas in all disputes arising out of or relating to this agreement or use of the BacklotCars website or application.

Refund & Pricing Policy

A pillar of our philosophy at BacklotCars is disruption thus keeping the knife sharp. As we have more interactions with you, the dealers, we will be refining our approach, continuing to drive innovation in the wholesale automotive marketplace in order to best drive optimal results to you and your bottom line.

That being said, our pricing philosophy is subject to change based on different features and the bespoke nature of our relationship with every one of our dealers. We will never offer less for more and will never, ever price out one of our users.

Thanks for your business, in appreciation.

The BacklotCars Team