These Terms of Service (“Terms”) govern your access to and use of our services such as websites, SMS, APIs, email notifications, applications, buttons, widgets and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
You may use the Services only if you agree to form a binding contract with www.sellmyusedtesla.com and www.usedteslainventory.com are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
When you register for an account, you may be required to provide information that will allow us to verify your identity, including but not limited to: a valid US physical address (not including P.O. Boxes or commercial mail receiving agencies), phone number, a copy of your photo identification. You agree to provide true and accurate information to Sell My Used Tesla and Used Tesla Inventory when you create your Account. You also agree to update this information to keep it true and accurate at all times.
You may be required to provide additional information or documentation to allow Sell My Used Tesla and Used Tesla Inventory to verify your identity and/or your account information. Sell My Used Tesla and Used Tesla Inventory may also verify your information against third party databases or other sources and you authorize them to make such inquiries.
You are responsible for keeping your Account login information, password, and any PIN issued for 2FA secure. If you share your Account credentials with another person, you are responsible for all activities that person conducts using your Account, regardless of whether or not you authorized the activity. Sell My Used Tesla and Used Tesla Inventory will never ask you for your Account credentials.
Referral Rewards can be earned on www.sellmyusedtesla.com and www.usedteslainventory or via the mobile app for. You earn Reward Dollars for referrals that sign up and list their Tesla for sale or for buyers that purchase a listed car. Reward Dollars can be used to purchase gift cards from participating Tesla and Space X Merchants. If there are any disputes in relation to Referral Rewards earned or redeemed Sell My Used Tesla or Used Tesla Inventory will be the final arbiter in these matters.Rewards earned can be only redeemed on www.sellmyusedtesla.com or www.usedteslainventory.com.
By opening an Account and using the Services, you consent to receive all Communications from Sell My Used Tesla and Used Tesla Inventory electronically and you confirm that you can access, receive and retain such Communications. “Communications” means all communications, terms, disclosures, notices, and statements that we provide to you in connection with your Account and your use of the Services. Sell My Used Tesla and Used Telsa Inventory provide Communications to you by posting them on www.sellmyusedtesla.com or www.usedteslainventory.com or by emailing them to you at the email address associated with your Account.
Notices to you
A Communication will be considered to be received by you within 24 hours after the time we post it to our website or email it to you.
Hardware and software requirements
In order to access and retain Communications electronically, you need the following hardware and software:
Keeping your contact information updated
You must keep your email address updated in order to receive Communications from Sell My Used Tesla and Used Tesla Inventory electronically. To update the email address associated with your Account, log into your Account at www.sellmyusedtesla.com or via the mobile app and access the profile settings menu.
Requesting paper copies
You may request a paper copy of a Communication that we provided to you electronically by contacting us as set out in Section 2.7 (How to contact us regarding electronic Communications). We will send it to the mailing address on file for your Account. Sell My Used Tesla may charge you a fee of $5.00 for each paper copy of a Communication sent to you.
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you withdraw your consent, Sell My Used Tesla and Used Tesla Inventory may prohibit you from using some or all of the Services and may need to close or suspend your Account.
How to contact us regarding electronic Communications. If you have any questions regarding our policy on electronic Communications, please email us at email@example.com or call us at 1-800-519-0949.
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.
You should only provide Content that you are comfortable sharing with others on www.sellmyusedtesla.com or www.usedteslainventory.com.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement
Your Rights and Grant of Rights in the Content
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos, and videos are considered part of the Content).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for www.sellmyusedtesla.com and www.usedtelsainventory.com to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by www.sellmyusedtesla.com or www.usedteslainventory.com, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. www.sellmyusedtelsa.com and www.usedtelsainventory.com have an evolving set of rules for how partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally entitled to post the material and to grant www.sellmyusedtesla.com and www.usedteslainventory.com the license described above.
Please review the Rules and Policies, which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the www.sellmyusedtesla.com or www.usedteslainventory.com Services.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Your License to Use the Services
www.sellmyusedtesla.com and www.usedteslainventory.com give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by www.sellmyusedtesla.com and www.usedteslainventory.com, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the www.sellmyusedtelsa.com or www.usedteslainventory.com name or any of the trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of www.sellmyusedtesla.com and www.usedteslainventory.com and its licensors. Any feedback, comments, or suggestions you may provide regarding www.sellmyusedtesla.com and www.usedteslainventory.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with www.sellmyusedteslacom and www.usedteslainventory.com at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Rules and Policies (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
You agree that in connection with your use of the Services and your interactions with Sell My Used Tesla and Used Tesla Inventory you will not:
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. www.sellmyusedtesla.com and www.usedteslainventory.com refer to Trabacus LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law.
THE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless Trabacus LLC, our Financial Institution Partners, and our and its respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) arising from: (a) your violation of these Terms or any other applicable terms or policies of Sell My Used Tesla or Used Tesla Inventory or our Financial Institution Partner; (b) your use of the Services; or (c) your negligence or willful misconduct; and/or (d) your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://www.sellmyusedtesla.com/terms or www.usedteslainventory.com/terms, will govern our relationship with you.
We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and www.sellmyusedtelsa.com and www.usedteslainventory.com. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
www.sellmyusedtesla.com's and www.usedtelsainventory.com's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and www.sellmyusedtesla.com and www.usedteslainventoery.com and The Trabacus LLC.
You and Sell My Used Tesla and Used Tesla Inventory (the “Parties”) agree that upon the election of either of the Parties, any past, present, or future dispute relating in any way to your Account, or any other past, present, or future relationship or transaction between the Parties, will be resolved by binding arbitration as discussed below, and not through litigation in any court.
Such disputes are called “Claims” for purposes of this agreement. This binding agreement to arbitrate applies regardless of whether the dispute is between you and us jointly or separately. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. The arbitration shall be conducted by a single neutral arbitrator and in accordance with the then-applicable United States Arbitration and Mediation Rules of Arbitration.
Unless the Parties agree otherwise, or unless the arbitration administrator’s rules or law require otherwise, the arbitration shall be held in California.
The arbitrator will decide the Claim in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all privileges recognized by law. The arbitrator will have the authority to award to a Party any damages or relief provided for under applicable law. The arbitrator’s decision shall be final and legally binding, and may be enforced by any court having jurisdiction.
No class actions or similar process, and no joinder or consolidation of any Claim with a Claim of any other person or entity, shall be allowable in arbitration, without the written consent of both Parties. The arbitrator shall have no authority to entertain any Claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved by a court rather than by an arbitrator; and to the extent it is determined that resolution of a Claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. If you elect to proceed with respect any Claim by an individual action in a small claims court, or its equivalent, instead of arbitration, we will not object, however, any such action shall be taken in small claims court in San Fransisco, CA.
If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If you consider that you are unable to afford any fees or costs that would be yours to pay, you may request that we pay or reimburse them, and we will consider your request in good faith.Arbitration with respect to a Claim is binding and neither Party will have the right to litigate that Claim through a court. In arbitration the Parties will not have the same rights that apply in court, such as the right to a trial by judge or jury and the right to participate or be represented in proceedings brought by others such as class actions or similar proceedings. In addition, the right to discovery and the right to appeal may also be limited or eliminated in arbitration. All of these judicial rights are waived with respect to Claims that the Parties elect to arbitrate.
You may not transfer or assign any rights or obligations you have under these Terms. Trabacus LLC reserves the right to transfer or assign any rights or obligations under these Terms at any time.
These terms, along with any applicable terms and policies of Trabacus LLC and or our Financial Institution Partners that you have agreed to, set forth the entire understanding between you, Trabacus LLC, and our Financial Institution Partners with respect to the Services.
Any failure of Trabacus LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Any provision of these Terms held to be invalid or unenforceable under applicable law shall be struck, and the remaining provisions will continue in full force and effect.
Questions. If you have a question or complaint or would otherwise like to contact us regarding this platform, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Trabacus LLC, Suite 100, 725 E Washington Street, Petaluma, California 94952. or by calling us at (800) 519-0949.
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.