Terms of Use
These Terms of Use (“Terms”) govern your access to and use of BustnFound.com and any related services (collectively, the “Service”), operated by BustnFound (“BustnFound”, “we”, “us”, or “our”). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Marketplace-Only Role
The Service is an online venue that connects independent buyers and sellers of used vehicles, salvage vehicles, and automotive parts. BustnFound does not own, possess, inspect, photograph, store, transport, sell, or broker any vehicle or part listed on the Service. BustnFound is not the seller, agent, broker, or representative of any user, and is not a party to any agreement, sale, or transaction between users. All transactions occur directly between users, off-platform, at user-selected locations, and are governed by the terms those users agree to between themselves.
2. Eligibility
You must be at least 18 years old, a resident of the United States, and have the legal capacity to enter into a binding contract to use the Service. By using the Service you represent and warrant that you meet these requirements.
3. Accounts
- You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
- You must provide accurate and complete information when creating an account and keep it current.
- One account per person. Automated account creation, reselling of accounts, and account sharing are prohibited.
- We may suspend or terminate accounts at our sole discretion, with or without notice, including for suspected fraud, abuse, or violation of these Terms.
4. Listings and User Content
You retain ownership of content you submit to the Service (listings, photos, descriptions, messages, “User Content”). By submitting User Content, you grant BustnFound a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, publish, display, and distribute that User Content in connection with operating, improving, and promoting the Service. You represent that you have all rights necessary to grant this license and that your User Content does not infringe on any third party’s rights or violate any law.
5. AS-IS; No Warranty
THE SERVICE AND ALL LISTINGS, DATA, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BUSTNFOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR UNINTERRUPTED OPERATION. WE MAKE NO WARRANTY THAT ANY LISTING, SELLER, BUYER, VEHICLE, PART, VIN, PRICE, DESCRIPTION, PHOTO, OR SPECIFICATION IS ACCURATE, LAWFUL, OR SAFE.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BUSTNFOUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR YOUR USE OF IT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE FEES YOU ACTUALLY PAID TO BUSTNFOUND IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold harmless BustnFound and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content; (b) your use of the Service; (c) any transaction between you and another user; (d) your violation of these Terms; or (e) your violation of any law or the rights of any third party.
8. Dispute Resolution — Binding Arbitration
Please read this section carefully. It affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Wilmington, Delaware. Judgment on any award may be entered in any court of competent jurisdiction.
Class-action waiver. All claims must be brought individually. You waive any right to participate in a class action, collective action, or representative proceeding.
Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice to legal@bustnfound.com stating your name, account email, and a clear statement that you opt out.
Small claims. Either party may bring an individual action in small-claims court for disputes within its jurisdiction.
One-year limitation. Any claim arising out of the Service must be filed within one (1) year after the cause of action accrues or be forever barred.
9. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Subject to the arbitration provision above, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware for any matter not subject to arbitration.
10. Modifications
We may modify these Terms at any time by posting a revised version on the Service. Changes are effective upon posting. Your continued use after posting constitutes acceptance. If you do not agree to a change, you must stop using the Service.
11. Termination
We may suspend, restrict, or terminate your access to the Service at our sole discretion, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including sections 4–9) will survive.
12. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, User Agreement, DMCA Policy, and Disclaimers, constitute the entire agreement between you and BustnFound.
- Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.
- No waiver. Our failure to enforce a provision does not waive that provision.
- No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and BustnFound.
- Assignment. You may not assign these Terms. We may assign freely.
- Electronic notices. You consent to receive communications and notices electronically.
- Contact. legal@bustnfound.com.