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Terms and Conditions

 

WELCOME TO KYCYCLESALVAGE.COM.  THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. THE USE OF THIS SITE BY THE BUYER SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DISAGREE WITH ANY OF THESE TERMS, PLEASE DISCONTINUE THE USE OF THIS SITE. IF YOU HAVE ANY QUESTIONS CONCERNING THESE TERMS, PLEASE CONTACT US AT AUCTION@KYCYCLESALVAGE.COM.

GENERAL USE POLICY:
KYCYCLESALVAGE.COM and third parties granting rights to KYCYCLESALVAGE.COM and its associates hold all rights, titles, and interests in and to the materials on this site, which are the copyrighted work of KYCYCLESALVAGE.COM and its associates. KYCYCLESALVAGE.COM grants the user a limited, personal, non-exclusive and non-transferable license to use and display the materials only on the user’s personal computer only for the purpose associated with the user’s interaction with this website. Except as stated herein, the users have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. Pictures and descriptions from this site cannot be reproduced on any other site. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination, the user must immediately destroy any downloaded and printed materials. The user has no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the site or any materials and the user agrees not to "copy" or "reproduce" this site, any material contained on or accessible from this site on any other server or internet-based device without the advanced written consent of KYCYCLESALVAGE.COM.

WARRANTY DISCLAIMER:
The buyers use of this site is at the buyers own risk. This site may include inaccuracies or discrepancies that may affect the quality of the materials or services on the site. The products have not been physically verified or authenticated in whole or in part by KYCYCLESALVAGE.COM. KYCYCLESALVAGE.COM does not warrant the accuracy or timeliness of the descriptions or pictures of the goods that are purchased by our affiliated licensed auto dealers through services that are provided by KYCYCLESALVAGE.COM, its associates or independent third parties. The buyer hereby relinquishes KYCYCLESALVAGE.COM from any liability for any errors or discrepancies in the descriptions or pictures, whether provided by KYCYCLESALVAGE .COM or its third parties.

THIS SITE IS PROVIDED TO THE BUYER ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY OR GARAUNTEE WRITTEN, EXPRESSED OR IMPLIED. KYCYCLESALVAGE.COM AND ITS ASSOCIATES, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THIS SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY, WRITTEN OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY RENOUNCED. KYCYCLESALVAGE.COM AND ITS ASSOCIATES WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, THE BUYERS USE OF THIS SITE OR THE BUYERS INABILITY TO USE THE SITE, EVEN IF KYCYCLESALVAGE.COM AND ITS ASSOCIATES HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEMBER: KYCYCLESALVAGE.com is simply a marketing service that cannot guarantee, verify, or warranty information about the products or the products themselves, which are placed on the site by third parties or associates of KYCYCLESALVAGE.com.

INACCURACIES OR DISCREPANCIES:
The descriptions, pictures and other representations of products on this site may contain inaccuracies and/or discrepancies. KYCYCLESALVAGE.COM and its associates do not make any warranty or representation with respect to the accuracy or completeness of any such information.

The buyer acknowledges that prices and availability of products, descriptions of which are provided on this site may change without notice to the buyer at any time pursuant to the sole discretion of our associated licensed auto dealers, KYCYCLESALVAGE.COM and its affiliates.

Dealers affiliated with KYCYCLESALVAGE.COM shall have the right to refuse or cancel any offers placed for products listed on this site. Dealers affiliated with KYCYCLESALVAGE.COM shall have the right to refuse, cancel or withdraw any such offers whether or not the offer has been accepted and you provided the necessary deposit. If you have paid a required deposit and your offer has been refused or withdrawn, your deposit will be refunded in a timely fashion.

Risk of Loss:
The buyer takes full responsibility and assumes all risk of loss for all vehicles
purchased from the time KYCYCLESALVAGE.COM’S affiliated dealer accepts the buyer’s bid. The buyer agrees that under the terms of the bailment, KYCYCLESALVAGE.COM shall not be responsible for damage to or loss of the vehicle or parts thereof due to operational procedures in place from acts of theft or vandalism, or acts of God. KYCYCLESALVAGE.COM shall not be responsible for any claim of damage made after the vehicle has left the storage premises. In the event KYCYCLESALVAGE.COM is responsible, damages shall be limited to the lesser of a) the amount of the attenuation in value of the vehicle as reasonably estimated by the storage facility, or b) the purchase price (in which case the buyer shall return the vehicle to the dealer that purchased the vehicle). KYCYCLESALVAGE.COM in its sole discretion shall resell the vehicle at a sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of attenuation of value, if any.

Vehicle Condition and History Disclaimer:
ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"
All vehicles sold through KYCYCLESALVAGE.COM are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS, WRITTEN OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
 KYCYCLESALVAGE.COM and its associated dealers expressly repudiate the accuracy or completeness of any and all information provided to the buyer regarding vehicles, whether provided in written, verbal, or digital image form. Vehicle Information provided by KYCYCLESALVAGE.COM and its associated dealers is for convenience only. The buyer shall not rely on vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through KYCYCLESALVAGE.COM. Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number ("VIN"), title, repair history, title history, and total loss history.
 KYCYCLESALVAGE.COM and its associated dealers expressly repudiate any and all representations, warranties, and guarantees regarding vehicles sold through KYCYCLESALVAGE.COM’S website. KYCYCLESALVAGE.COM and its associated dealers do not guarantee that keys are available for any vehicle sold through KYCYCLESALVAGE.COM and its associated dealers, regardless of whether keys are present in online vehicle images, or were present in the vehicle prior to the time of purchase. Certain jurisdictions do not permit vehicles to be sold with missing VIN plates, and as a result KYCYCLESALVAGE.COM and its associated dealers do not guarantee that vehicles are equipped with any or all VIN plates. KYCYCLESALVAGE.COM and its associated dealers do not guarantee that vehicles meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of the buyer to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all information regarding the type, condition, status, and history of vehicles prior to bidding on them.

Registration Laws Disclaimer:
KYCYCLESALVAGE.COM and its associated dealers do not guarantee that any vehicle sold can be legally registered in any state or country, and the buyer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased through KYCYCLESALVAGE.COM’S website

DMV/MVD Paperwork Disclaimers:
KYCYCLESALVAGE.COM and its associated dealers are not responsible for defects, errors, or omissions (a) related to motor vehicle department paperwork not processed by KYCYCLESALVAGE.COM and its associated dealers, or (b) made by DMV/MVD.

LOCAL LAWS; EXPORT/IMPORT CONTROL:
KYCYCLESALVAGE.COM and its associates control and operate this site from its headquarters in Bowling Green, Kentucky of the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. All marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States. If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

TERMS OF USE REVISIONS:
KYCYCLESALVAGE.COM may revise these terms at any time without notice by updating this posting. The buyers continued use of the site after such amendments have been made will constitute your acceptance of such revised terms.

APPLICABLE LAW AND CHOICE OF FORUM:
Any action related to these terms will be governed by the law of the State of Kentucky, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Kentucky, for the resolution of all disputes arising from or related to these terms and/or your use of the site. You, the customer, hereby agree that any and all litigation related to KYCYCLESALVAGE.COM and/or its associates shall be litigated only in Commonwealth of Kentucky Courts under the laws of the Commonwealth of Kentucky.

UNAUTHORIZED ACTIVITIES:
Submissions and unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold KYCYCLESALVAGE.COM AND ITS ASSOCIATES, and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) acquired in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party if your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

Any items offered through this site are offered by licensed professional dealers.

OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE ABOVEMENTIONED, OUR SERVICES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TEMPORARILY OR PERMANTLY SUSPENDED KYCYCLESALVAGE.COM MEMBERS.

IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU AGREE THAT THIS AGREEMENT AND ALL INCORPORATED AGREEMENTS MAY BE AUTOMATICALLY ASSIGNED BY KYCYCLESALVAGE.COM AND ITS ASSOCIATES.

CONTROL OF YOUR PASSWORD:
The buyer is responsible for all actions taken with your user ID and password, including fees charged to your account. Therefore, we do not recommend that you reveal your KYCYCLESALVAGE.COM password to any third parties. If you choose to share your user ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in next section. NOTE: WE WILL NOT COMMUNICATE YOUR PERSONAL INFORMATION OVER THE PHONE TO ANYONE OTHER THAN YOU WITHOUT YOUR WRITTEN SIGNED AND NOTARIZED REQUEST/PERMISSION TO DO SO. Please make sure that if you want anyone to access or use your account, that individual obtains your written, signed and notarized permission and we have that document in our possession. Otherwise, we will not provide any information to that individual.