Terms of Service

Effective Date: January 1, 2024

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Welcome to POOL of Cars

These Terms of Service ("Terms") govern your use of our website www.poolofcars.com, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not use our Services.

Use of Our Services

Eligibility:
You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with POOL of Cars.

Account Registration:
You may need to register for an account to access some or all of our Services. It is important that you provide us with accurate, complete, and current registration information and keep this information up to date.

Service Guidelines

When using our Services, you shall not:

• Violate any applicable law or regulation.

• Engage in any activity that could damage, disable, overburden, or impair our Services or interfere with any other party's use of our Services.

• Attempt to gain unauthorized access to our computer system or engage in any activity that disrupts the integrity or performance of our Services.

• Misuse or share your access to and/or membership in the Services without authorization.

• Use our Services for any harmful or nefarious purpose.

Fees and Payments

Service Fees:
POOL of Cars charges fees for certain services, such as car selling assistance, buying consultation, and other related services. By using such services, you agree to our pricing and payment terms as we may update them from time to time. POOL of Cars may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

Refunds and Cancellations:
All service fees are non-refundable. By engaging POOL of Cars, you acknowledge that the initial fee is used to cover the cost of Carfax reports, professional ad creation, platform listing fees, and other upfront labor, including market research and price research. Once these services are initiated, refunds will not be issued under any circumstances.

Advertising Duration Policy

Paid Advertising:
Your vehicle will receive paid advertising on platforms such as Craigslist for up to 90 days and on Facebook Marketplace and OfferUp for the first 30 days of the service. During this time, we actively promote your listing with boosted ads to maximize exposure.

Ongoing Listings:
After the initial paid advertising period, your vehicle will remain listed organically on POOLofCars.com, Facebook Marketplace, and OfferUp until it is sold. Customers may choose to extend paid advertising on these platforms for an additional fee.

Final Sale Fee

When your car sells, a fee of 1.8% of the selling price, with a minimum of $350, is due. This fee will be charged to the credit card used for the initial payment unless the customer provides a different card before the sale is finalized.

Customer Responsibility

You, as the customer, retain full control over pricing and the acceptance or rejection of offers. POOL of Cars cannot guarantee a specific sale price or the time it will take to sell your vehicle. If pricing adjustments or market-driven recommendations are not followed, it may impact the sale outcome. The success of the sale is also contingent upon your responsiveness and adherence to these recommendations.

Disputes Regarding Charges

By using our services, you agree that all charges are valid and undisputable due to the completion of labor and services provided upfront. Any disputes with your payment provider will be countered with proof of services rendered, including ad listings, marketing efforts, and consultation records.

Customer Responsibility and Fraud Protection Disclaimer

At POOL of Cars, we take your safety seriously and make efforts to filter out suspicious buyers and potential scams. However, we urge you to remain vigilant when interacting with buyers. POOL of Cars is not liable for any financial losses, fraud, or scams involving checks, money orders, cash, or other forms of payment. We recommend verifying all funds before transferring the vehicle title.

Customers are responsible for ensuring the legitimacy of the transaction and should use caution with:

• Cash transactions: Verify cash authenticity before completing the sale.

• Checks and money orders: Always confirm the payment clears before transferring ownership.

• Buyer identity: Verify the identity and intentions of the buyer.

• Negative equity and loan/lease obligations: POOL of Cars is not liable for any outstanding loan or lease balances that need to be settled.

Timely Communication

• Phone Calls: Customers must return phone calls within 3 hours during business hours. Calls received outside business hours should be returned promptly on the next business day.

• Text Messages: Responses to text messages should be made within 3 hours during business hours.

• Emails: Customers should respond to emails within one business day.

Single Listing Requirement

Customers agree to remove any other advertisements or listings of their vehicle from other platforms once they engage with POOL of Cars. Multiple listings can suggest that a vehicle has been on the market for an extended period, potentially impacting buyer perception and sale success.

Governing Law

These Terms shall be governed by and defined following the laws of the state of California. POOL of Cars and yourself irrevocably consent that the courts of the state of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

Dispute Resolution

Prior to seeking legal action in courts, POOL of Cars and you agree to attempt to resolve any disputes through good faith negotiations or through an agreed-upon mediation service. If the dispute cannot be resolved through mediation, then the parties agree to resolve the dispute through binding arbitration located in the state of California.

Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at team@poolofcars.com.