1. Introduction
These Terms of Use (“Terms”) govern your access to and use of the online services and offerings (collectively, “Services”) provided by Bad Ash Motors, including our affiliates and subsidiaries (collectively, “Bad Ash Motors,” “we,” “us,” or “our”). These Terms apply to all Services, including any website or mobile application we make available to you.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.
2. Modifications to these Terms
Bad Ash Motors reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Bad Ash Motors will notify you of changes to these Terms by posting on the Services, sending you a message, and/or otherwise notifying you when you are logged into your account (if applicable).
Except as explicitly provided otherwise herein, modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Services; (b) Bad Ash Motors’ transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Services after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Services.
3. Additional Policies
Privacy Policy
Please review Bad Ash Motors’ Privacy Policy, incorporated herein by reference, for information and notices concerning Bad Ash Motors’ collection and use of your information.
Other Agreements
For certain users who make purchases, sales, trade-ins, leverage financing, or arrange shipping available on or through the Services, such use may also be governed by a separate contract with Bad Ash Motors and/or one of our third-party partners. If there is a conflict between these Terms and such agreement, the latter takes precedence with respect to your use of that service or engagement in that transaction.
4. Eligibility and Scope
You may use the Services only if you are 18 years of age or older and can form a binding contract with Bad Ash Motors, and only in compliance with these Terms and all applicable laws, rules, and regulations. By accessing or using the Services, you represent and warrant that you are 18 or older and can form a binding contract with Bad Ash Motors.
If Bad Ash Motors has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
5. Account Registration
You may be required to register for a password-protected account (“Account”) to use parts of the Services. You must provide accurate, current, and complete information during the registration and at all other times when you use the Services, and to update information to keep it accurate, current, and complete.
You are solely responsible for safeguarding your Account password. You are solely responsible for all activity that occurs on your Account, and we may assume that any communications we receive under your Account have been made by you. You must notify Bad Ash Motors immediately of any breach of security or unauthorized use of your Account. Bad Ash Motors will not be liable and you may be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by Bad Ash Motors or a third party arising from someone else using your Account due to your conduct, regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.
6. Vehicle Purchases (Classic Vehicles)
Available Vehicles
The Services may enable you to purchase classic vehicles from Bad Ash Motors. The Services contain descriptions of vehicles available for purchase. While we undertake reasonable efforts to ensure the accuracy of descriptions of our available vehicles, there may be errors or omissions relating to availability, pricing, text, or photos.
There may also be errors based on information available to us regarding the vehicle (e.g., through our use of third-party services that provide vehicle history reports). Before making any purchase, please inspect the vehicle carefully to confirm it is consistent with the vehicle you are seeking to purchase. We cannot be liable and explicitly disclaim any liability for errors based on information on vehicle history reports or from other third-party services.
Bad Ash Motors reserves the right to refuse or cancel any orders placed for vehicles displayed at incorrect prices, regardless of whether the orders have been confirmed and/or payment has been made.
Bad Ash Motors Inspected Vehicles (if you want to keep a “Certified” idea)
Available vehicles for purchase on the Services may include vehicles that have passed Bad Ash Motors’ inspection standards (“Bad Ash Motors Inspected”). When available, we may provide an inspection summary so buyers can review the detail in which we’ve evaluated the vehicle. Unless otherwise specified on the Services or in your Purchase Agreement, vehicles may be sold on an “As Is” basis with no warranties of any kind.
Value / As-Is Vehicles (optional section)
Bad Ash Motors may also offer vehicles sold on an “As Is” basis. If a limited return policy applies to any such vehicle, it will be stated at the time of purchase and/or in your Purchase Agreement.
Process for Purchasing a Vehicle Through the Services
While you do not need an Account to view available vehicles, you may be required to create an Account to purchase a vehicle or schedule a test drive. We encourage you to review all vehicle details, photos, reports, and documentation to confirm the features and condition of the vehicle before purchase.
If you book a test drive, please note that test drives are subject to cancellation (e.g., if another prospective buyer places a deposit on the vehicle). We will notify you if a test drive is cancelled.
Deposits / Holds (if applicable)
To reserve a vehicle prior to purchase, you may be required to place a nonrefundable deposit. The amount of such deposit depends on the vehicle and will be displayed through the Services. When you submit funds sufficient to cover the deposit, Bad Ash Motors may place a hold on the vehicle you select.
Unless otherwise specified in the Services, a hold may reserve the vehicle for a limited time. It is not necessary to reserve a vehicle before purchasing, but we cannot guarantee availability unless the vehicle is reserved by payment of a deposit. All deposits are nonrefundable, regardless of whether a purchase is made, unless otherwise stated in writing. If you reserve a vehicle by submitting a deposit and then purchase the reserved vehicle, the amount of the deposit may be credited toward the purchase price, as stated at the time of purchase.
Purchase Agreement
If you decide to purchase a vehicle, you will be required to review and execute a separate purchase agreement (the “Purchase Agreement”). In the event of any conflict between the Purchase Agreement and these Terms, the terms of the Purchase Agreement shall govern with respect to your purchase of a vehicle from Bad Ash Motors.
Return Policy
If offered, Bad Ash Motors’ return policy will be disclosed at the time of purchase and/or in your Purchase Agreement. In the event of any conflict, the Purchase Agreement controls.
Financing
Those who purchase vehicles through Bad Ash Motors may be eligible for financing with one of our third-party partners. All vehicle loans are subject to additional terms and conditions, which will be made available to you as applicable. Please review the applicable financial privacy disclosures provided during the financing process.
Warranty Plans / Protection Plans / Insurance
Bad Ash Motors may offer or make available certain warranty plans, protection plans, maintenance plans, or insurance options through third parties. Any such products are subject to their own terms and conditions. Bad Ash Motors does not administer or warrant third-party products unless explicitly stated in writing.
7. Vehicle Sales (Including Collector & Estate Buyouts)
Bad Ash Motors may offer services to purchase vehicles from private owners, including collector vehicles and estate vehicles (“Buyouts”), or may offer consignment services in certain cases.
If you would like to proceed with selling your vehicle to Bad Ash Motors, you may be required to schedule an in-person inspection. Upon completing the inspection, Bad Ash Motors may provide an offer price. If you agree to sell, you will be required to review and execute a separate sales agreement (the “Sales Agreement”). To the extent of any conflict between the Sales Agreement and these Terms, the terms of the Sales Agreement shall govern with respect to your sale of a vehicle to Bad Ash Motors.
Bad Ash Motors may reserve the right to void a Sales Agreement in unusual circumstances as may be provided in the Sales Agreement and as permitted by applicable law (e.g., material title defects or material misstatements/omissions about condition).
If consignment services are made available, a separate consignment agreement (the “Consignment Agreement”) will govern. If there is a conflict between the Consignment Agreement and these Terms, the Consignment Agreement controls.
8. Rules and Prohibitions
You may not use the Services to: violate any law or promote illegal activity; offer any vehicle you do not own or lack permission to sell; attempt to gain unauthorized access to the Services or systems; scrape, index, mirror, frame, link, copy, or search the Services by any automated or non-automated means other than through published interfaces and only pursuant to these Terms; create more than one Account; use another person’s Account without authorization; impersonate any person or entity; interfere with or disrupt the Services; violate intellectual property or privacy rights; upload malware; probe or test security; reverse engineer software; or attempt to indirectly undertake any of the foregoing.
Bad Ash Motors has the right to investigate and prosecute violations to the fullest extent of the law and may cooperate with law enforcement authorities.
9. License to the Services; Modifications to the Services
Subject to your compliance with these Terms, Bad Ash Motors grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Services solely for your personal use and only in a manner that complies with these Terms and applicable law.
You will not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services, except as expressly permitted in these Terms. The Services are provided “AS IS.” All aspects of the Services are subject to change or elimination at Bad Ash Motors’ sole discretion.
10. Account Suspension or Termination
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your Account in whole or in part.
You may cancel your use of the Services and/or terminate your Account by contacting us at: sales@badashmotors.com.
11. Proprietary Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of Bad Ash Motors and its licensors. All materials, including software, images, text, graphics, logos, trademarks, and other content, are protected by intellectual property laws. Nothing in these Terms grants you a right to use the Bad Ash Motors name, trademarks, logos, domain names, or brand features without prior written permission.
12. Feedback
Any feedback, comments, questions, or suggestions (“Feedback”) you provide is voluntary, and Bad Ash Motors may use it without obligation to you. You grant Bad Ash Motors a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, and distribute Feedback.
For security-related disclosures, contact: sales@badashmotors.com
13. Third-Party Links and Resources
The Services may contain links to third-party sites or resources. Bad Ash Motors does not endorse and is not responsible for third-party content, products, or services. If you access third-party sites, you do so at your own risk.
14. Warranties, Disclaimers, and Limitation of Liability
Your access to and use of the Services are at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Bad Ash Motors disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.
Bad Ash Motors will not be responsible for any harm to your computer system or loss of data resulting from your access to or use of the Services. We do not warrant uninterrupted, secure, or error-free operation of the Services.
To the maximum extent permitted by applicable law, Bad Ash Motors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification and Release
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Bad Ash Motors and its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with your violation of these Terms.
17. Export Control
The Services are subject to U.S. export and sanctions laws. You may not use the Services in violation of such laws, including dealing with sanctioned countries or restricted parties.
19. General
Governing Law
These Terms shall be governed by the laws of the State of Georgia, without regard to conflict of laws principles.
Entire Agreement
These Terms, together with the Bad Ash Motors Privacy Policy and any other legal notices or agreements, constitute the entire agreement between you and Bad Ash Motors concerning the Services. If any provision is deemed invalid, the remaining provisions remain in effect. If there is a conflict between these Terms and a signed agreement (Purchase Agreement, Sales Agreement, Consignment Agreement), the signed agreement shall prevail.
Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control, including natural disasters, outages, strikes, or governmental actions.
No Third-Party Beneficiaries
Except as expressly stated, there are no third-party beneficiaries to these Terms.
Assignment
You may not assign these Terms without our consent. Bad Ash Motors may assign these Terms without restriction where permitted by law.