Legal
Terms of Service
SELLER TERMS OF SERVICE These Seller Terms of Service (“Terms”) govern your access to and use of our website (vinbattle.com), the online vehicle marketplace platform, and any related content, features, and services offered therein (collectively, the “Platform”). By accessing or using the Platform, you represent that you are at least eighteen (18) years old, have legal capacity to enter into these Terms, and agree to comply with and be bound by these Terms. If you do not agree, do not use the Platform. These Terms constitute a legally binding agreement between you and VINbattle, LLC, a Virginia limited liability company. 1. What the Platform Does and Does Not Do VINbattle offers an online marketplace platform that enables private vehicle owners to list vehicles and receive purchase offers from verified, licensed dealerships in the District of Columbia, Maryland, and Virginia. The Platform includes seller account registration, vehicle listing tools, condition disclosures, photo uploads, auction-style bidding by verified dealers, seller offer acceptance, payment of applicable platform fees through a third-party payment processor, and post-acceptance exchange of contact information. If you accept an offer, VINbattle connects you and the dealer to complete the sale directly with each other. We are a marketplace intermediary only, not a buyer, dealer, broker, auctioneer, inspector, appraiser, or payment intermediary for vehicle sale proceeds. We never take title to or possession of your vehicle, we do not set or guarantee prices, we do not inspect vehicles, and we do not hold or transmit the sale proceeds; the dealer pays you directly. We are not a party to the sale between you and the dealer. 2. Eligibility and Your Account To use the Platform as a seller, you must be at least eighteen (18) years old, have legal capacity to enter into these Terms, reside or be able to complete the transaction in a supporting jurisdiction, and be the lawful owner of the listed vehicle or have authority from the lawful owner to list and sell it. You must be able to convey good and transferable title, subject only to any lien or encumbrance properly disclosed in the listing and capable of being satisfied in connect with the sale. To access certain features of the Platform, you must create an account. You may maintain only one account and are responsible for providing accurate account information, keeping your contact information current, maintaining the security of your login credentials and email account, and for all activities that occur under your account. You agree to promptly notify VINbattle at support@vinbattle.com if you believe your account has been accessed without authorization. You may not create an account using false information, impersonate another person, create multiple accounts to manipulate listings or offers, or permit another person to use your account unless that person is acting with your authorization and you remain responsible for the account activity. VINbattle reserves the right to suspend or terminate accounts that violate these Terms or applicable law. 3. Listings You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information, photographs, documents, disclosures, and other materials you submit in connection with a vehicle listing. Your listing must fairly describe the vehicle and must include accurate information regarding the vehicle’s make, model, year, VIN, mileage, title status, accident history, known defects, photographs, location, lien status, and any other information requested by the Platform. You understand and agree that documentation you submit in connection with a listing, including personal information set forth therein, may be publicly disclosed to us and auction participants on the Platform. You must disclose known material information relating to the vehicle, including, without limitation: rebuilt, salvage, flood, defects, accident history, branded or non-clear title status, and existing liens. You may not list a vehicle you do not own or are not authorized to sell, list the same vehicle in a manner designed to manipulate offers, or include contact information in listing content to circumvent the Platform. We may decline; edit for formatting; request additional information about, suspend, or remove any listing at our discretion, including listings that appear inaccurate, incomplete, unlawful, misleading, duplicative, harmful to the marketplace, or inconsistent with these Terms. VINbattle does not independently verify every listing detail and does not guarantee the accuracy of any seller-provided information. By submitting photographs, documents, condition disclosures, or other listing content, you grant VINbattle a non-exclusive, royalty-free, worldwide license to use, reproduce, display, modify, store, transmit, and make available that content as reasonably necessary to operate, promote, protect, and improve the Platform and facilitate the transaction process. You represent that you have all rights necessary to provide that content and that it does not violate the rights of any third party. 4. How Offers and Acceptance Work Verified dealers may submit competing offers on your listing during the auction window. Dealers verification may include review of dealer license information, business filing information, and location information. Verification is intended to support marketplace integrity but is not an endorsement, guarantee of performance, or representation that a dealer will complete any transaction. When the auction ends, you have a 24-hour acceptance window to accept the leading offer. If you do not accept within the applicable window, the offer may expire and the listing may close without a sale. You are never obligated to sell. You may decline the leading offer or let the window lapse, at no charge. If you accept, you agree to proceed in good faith to complete the sale with the dealer at the accepted price, subject to the dealer’s confirmation that the vehicle materially matches your listing. Dealer offers are conditioned on your vehicle materially conforming to your listing and on your ability to provide good and transferable title, subject only to any disclosed lien or payoff obligation capable of being satisfied at closing. If the vehicle materially differs from the listing, has undisclosed damage, has a mileage or title discrepancy, or cannot be transferred as represented, the dealer may renegotiate or withdraw, and you will not receive a refund of the transaction fee. 5. Completing the Sale After acceptance and payment of any applicable fees, we release contact information to you and the dealer. Inspection, payment of the vehicle sale price, title transfer, lien payoff, odometer disclosure, delivery, taxes, registration, and all sale paperwork occur directly between you and the dealer. You are responsible for complying with all applicable private-sale, title, lien, odometer, tax, and vehicle-transfer requirements in the relevant jurisdiction. We recommend completing payment by verifiable means and never releasing the vehicle or title before payment clears. VINbattle may provide reminders, templates, or informational prompts to help facilitate the sale, but those materials are for convenience only and do not constitute legal, tax, title, registration, financing, appraisal, inspection, or professional advice. 6. Fees Listing is free. If and only if you accept an offer, you pay VINbattle a seller transaction fee of $99, due at acceptance and payable by card through our third-party payment processor. Promotional codes or other discounts may waive or reduce this fee where validly applied at checkout. Refunds. If the sale fails because the dealer fails to perform despite your vehicle materially matching the listing, your $99 fee will be refunded. If the sale fails because of material inaccuracies in your listing, the fee is non-refundable. You receive 100% of the vehicle sale price from the dealer; we take no commission on the sale itself. Payment processing is provided by a third-party payment processor. Your use of the payment functionality may be subject to the processor’s own terms and privacy practices. VINbattle is not responsible for payment processor outages, declines, chargebacks, bank delays, or other processor-controlled events, except only to the extent such responsibility may be required by applicable law. 7. Intellectual Property All content on the Platform, including without limitation, graphics, logos, trademarks, images, software, and other materials, is and will remain the property of VINbattle or its content suppliers and is protected under applicable copyright, trademark, and other proprietary rights. Except as expressly permitted in these Terms, you may not copy, redistribute, publish, reverse engineer, or otherwise use any Platform content. Under no circumstances will you acquire any ownership rights or other interest in Platform content by or through your use of the Platform. 8. Platform Conduct You agree not to misrepresent your vehicle; submit false, misleading, infringing, unlawful, confidential, or unauthorized content; collude with bidders; manipulate offers; use the Platform to advertise unrelated services; scrape, harvest, probe, or interfere with the Platform’s operation; introduce malicious code; attempt to gain unauthorized access to any account, listing, database, or system; impersonate another person or entity; or attempt to transact off-platform with a dealer you met through an active listing in order to avoid fees. We may investigate suspected violations and may suspend or terminate accounts, pause or remove listings, withhold access to certain features, cancel or reserve Platform actions, or take other reasonable steps to protect user, dealer, VINbattle, and the integrity of the marketplace. 9. Links to Other Sites and Third-Party Services The Platform may provide links to other websites or use third-party services, including payment processing services. These third-party websites and services may have their own terms and privacy policies. You should review the applicable terms and privacy policies of any third-party website or service that you use. VINbattle is not responsible for third-party websites, services, outages, declines, chargebacks, bank delays, or other third-party-controlled events, except to the extent required by applicable law. 10. Pilot Period; Changes The Platform is operating in a limited pilot phase. Features and availability may change, and we may pause or modify auctions to address technical or operational issues. The Platform brand may change to a successor brand without affecting these Terms. We may update these Terms prospectively; we will notify you of material changes by email or in-product notice, and continued use after the effective date constitutes acceptance. 11. Disclaimers THE PLATFORM AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT YOUR VEHICLE WILL RECEIVE OFFERS, THAT ANY OFFER WILL MEET ANY PARTICULAR PRICE, OR THAT ANY SALE WILL COMPLETE. WE MAKE NO WARRANTIES ABOUT ANY DEALER, AND DEALER VERIFICATION IS NOT AN ENDORSEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU. Nothing on this Site constitutes legal, financial, regulatory, or professional advice. Users should consult qualified professionals for advice specific to their circumstances. 12. Limitation of Liability To the maximum extent permitted by law, our aggregate liability to you arising out of the Platform or these Terms will not exceed the greater of the fees you paid us in the prior twelve (12) months or, if no such fees have been paid, $100, and we are not liable for indirect, incidental, consequential, special, or punitive damages, or for the acts or omissions of any dealer or other user. 13. Governing Law Dispute Resolution These Terms and any dispute arising out of or relating to the Services, the Platform, these Terms, or the parties’ relationship is governed by the laws of the Commonwealth of Virginia, without regard to conflicts of law principles. Before filing any lawsuit, the parties shall first attempt in good faith to resolve the dispute through mediation administered by a mutually agreed mediator in Fairfax County, Virginia. If the parties cannot agree on a mediator within fifteen (15) days after written demand for mediation, either party may request appointment of a mediator through a recognized mediation provider serving Fairfax County, Virginia. If the dispute is not resolved within forty-five (45) days after the mediator is appointed, either party may proceed with litigation. The parties agree that any lawsuit arising out of or relating to this Agreement, the Services, the Platform, or the parties’ relationship shall be brought exclusively in the state courts located in Fairfax County, Virginia or, if federal jurisdiction exists, the United States District Court for the Eastern District of Virginia, Alexandria Division, and each party irrevocably submits to the personal jurisdiction and venue of those courts. In any action, suit, or proceeding to enforce these Terms, the Services or Platform, the prevailing party is entitled to recover its reasonable attorneys’ fees, court costs, and other reasonable expenses from the non-prevailing party. 14. Changes to These Terms VINbattle reserves the right to modify these terms at any time. Changes will be posted on the Platform with an updated effective date. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. 15. General Provisions These Terms, with the Privacy Policy, are the entire agreement between you and VINbattle regarding the Platform. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign to a successor in interest. Questions about these Terms may be directed to support@vinbattle.com.