Terms of Service
Terms of Service Agreement
By accessing and using this website and any of its pages, you accept and agree to be bound by the Terms of Service Agreement set forth below. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services.
Thank you for your interest in LazyChimp.com. The terms "LazyChimp.com," "we," "us," and "our" refer to LazyChimp.com, Inc. and the terms "you" and "your" refer to you as a user (both buyers and sellers, including but not limited to Individuals, Private Sellers, Dealers, Banks, Finance Companies, Leasing Companies, Rental Car Companies, Repossession Companies, Fleet Management Companies, Manufacturers, Insurance Companies, Government Agencies, Selling for a Business, or other sellers) of our websites, mobile and other online applications and products and services (collectively, the "LazyChimp.com Sites").
Acceptance of Terms
By using the LazyChimp.com Sites, you agree and accept this Terms of Service Agreement in its entirety. This is a legally binding agreement between you and LazyChimp.comНѕ please read it carefully. When using the LazyChimp.com Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the LazyChimp.com Sites. All terms and guidelines on the LazyChimp.com Sites, including our privacy statement, are part of this Terms of Service agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the LazyChimp.com Sites are subject to these Terms of Service. Accessing the LazyChimp.com Sites in any manner, even through automated means, constitutes your use of the LazyChimp.com Sites and your agreement to be bound by these Terms of Service. LazyChimp.com may change the terms of this Terms of Service Agreement from time to time and will revise the effective date when it does so. Your continued use of the LazyChimp.com Sites after the posted effective date constitutes your agreement to be bound by these Terms of Service as modified, except that modifications do not apply to any dispute arising prior to their effective date. LazyChimp.com may change, restrict access to, suspend, or discontinue the LazyChimp.com Sites, or any portion thereof.
The material that appears on the LazyChimp.com Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the LazyChimp.com Sites may, from time to time, contain errors. The LazyChimp.com Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the LazyChimp.com Sites, and you should not rely on it without independent verification.
We invite you to bring to our attention any materials or information on the LazyChimp.com Sites that you believe to be inaccurate. Please forward a copy of the materials or information to terms@lazychimp.com, along with an explanation of the inaccuracies.
This website (the "Site") is owned and operated by LazyChimp.com. These Terms of Service apply to the national version of the Site, located at www.lazychimp.com, as well as to any versions of the Site that LazyChimp.com cobrands with, has a private label agreements, or other distribution partnerships (collectively, "Affiliates"). You may have arrived at a cobranded version of the Site from an Affiliate's website, in which case, that Affiliate will be identified at the top of this page. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service.
Your use of certain materials and features of this website and/or the Services may be subject to additional Terms of Service which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional Terms of Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by LazyChimp.com from its offices within the United States. LazyChimp.com makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with any and all applicable local laws.
LazyChimp.com is a vehicle listing and information service
LazyChimp.com operates the Site as an online advertising, vehicle listing, and information research service for the purpose of connecting buyers and sellers. LazyChimp.com is a service to bring buyers and sellers together, provide a platform to advertise, and display information provided by third parties. LazyChimp.com does sell vehicles directly but is never a party to any transaction between buyers and sellers. Information about a particular vehicle is supplied by the seller, not by LazyChimp.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. As a result, LazyChimp.com does not (a) guarantee or ensure any vehicle or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any vehicles.
Though we hope that all who come to or use the LazyChimp.com Sites will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using the LazyChimp.com Sites to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.
Site Content and Conduct
You are authorized by LazyChimp.com to access and use the Services, including the information on this website, solely for your use provided that you are at least 18 years of age. All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by LazyChimp.com, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without LazyChimp.com’s express prior written consent. Requests regarding use of the Content for any purpose other than stated should be directed to Permission@lazychimp.com. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register. If you supply a telephone number and/or a mobile phone number in connection with your use of the website, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us, third-party vendors, and/or from participating dealers. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify LazyChimp.com in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. LazyChimp.com is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by LazyChimp.com), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by LazyChimp.com for use in accessing the Services.
The LazyChimp.com Sites allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Terms of Service and to the policies of their thirdparty providers.
You assume total responsibility and risk for your use of any areas of the LazyChimp.com Sites. You acknowledge that any of the usergenerated content posted or transmitted through the LazyChimp.com Sites represents the views of the author, and not of LazyChimp.com. You also acknowledge that your use of or reliance on such content is at your own risk.
When publishing anything to the LazyChimp.com Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such materialНѕ
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulationНѕ
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rightsНѕ
- profanity in subject lines, messages, or signaturesНѕ
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful componentНѕ
- material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal informationНѕ
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive crosspostings, and material that is unrelated to the forum in which it is postedНѕ
- material that contains advertisements or commercial solicitationsНѕ or
- material discussing illegal activities or linking to websites that deal with such activities.
You further agree that you will not attempt to do any of the following:
- interfere with or disrupt the LazyChimp.com Sites or our computer systems, servers, or networksНѕ
- attempt to gain unauthorized access to any part of the LazyChimp.com Sites, to accounts that belong to other users, or to computer systems or networks connected to the LazyChimp.com SitesНѕ
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwiseНѕ
- collect information about others without their consentНѕ
- interfere with the use of the LazyChimp.com Sites by any other individual or partyНѕ
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliasesНѕ or
- share any user name and/or password you have on the LazyChimp.com Sites with any other persons.
Without limiting any of LazyChimp.com's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the LazyChimp.com Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
Although LazyChimp.com cannot monitor all of the listings and content posted to the LazyChimp.com Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Terms of Service Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Terms of Service Agreement, or to protect the rights, property or safety of visitors to the LazyChimp.com Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, LazyChimp.com takes no responsibility and assumes no liability for any content posted to the LazyChimp.com Sites by you or by third parties.
Copyright or Intellectual Property Concerns
It is the policy of LazyChimp.com to respond to claims of intellectual property infringement. LazyChimp.com will promptly process and investigate notices of alleged infringement and take appropriate actions. Notifications of claimed copyright infringement should be sent to email: legal@lazychimp.com
To be effective, the notification must be an communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringedНѕ
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that siteНѕ
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the materialНѕ
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contactedНѕ
- A statement that the complaining party has a goodfaith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the lawНѕ and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Privacy
LazyChimp.com is committed to respecting your privacy and protecting your personally identifiable information. LazyChimp.com shares the information you enter on this website with participating dealers and/or buyers in order to provide you with the information you requested, and with other service providers associated with the Services. LazyChimp.com account data and certain other information about you and that you enter and/or we collect through your use of this website are subject to the LazyChimp.com Privacy Statement. You understand that through your use of the Services, including this website, you consent to the collection and use (as set forth in the LazyChimp.com Privacy Statement) of this information. Please review our Privacy Statement for further information on our data collection and use practices.
Registration
To obtain access to certain services from the LazyChimp.com Sites (for instance, to manage your private seller listing on the LazyChimp.com Sites), you may be required to register on the LazyChimp.com Sites. As part of the registration process, you will be required to select a username and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the LazyChimp.com Sites through any username/password assigned to you. You will notify LazyChimp.com of any known or suspected unauthorized use of your account via email.
LazyChimp.com reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
LazyChimp.com reserves the right to deny use of, or access to, the Services to you and/or anyone for any reason whatsoever. LazyChimp.com also reserves the right at any time and from timetotime to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that LazyChimp.com shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services (or any part thereof).
LazyChimp.com may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that LazyChimp.com will have no liability associated with or arising from your failure to maintain and supply LazyChimp.com with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
Services
All information provided on this website is for informational purposes only. Information displayed through the Services related to buying and/or selling of a vehicle is provided directly to you by the user (seller or buyer), and is not provided by LazyChimp.com. Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by LazyChimp.com, and LazyChimp.com assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of LazyChimp.com and should be directed to the dealer or seller. You are encouraged to thoroughly review any documents you are asked to sign when buying or selling of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurateНѕ please forward a copy of such material and your reasons for your belief to feedback@LazyChimp.com.
For the avoidance of misunderstanding, LazyChimp.com, its subsidiaries, and staff are a service to facilitate transactions by providing a research and communication platform between sellers and dealers. LazyChimp.com does sell vehicles, does deal in vehicles, has a dealers license, but does not provide broker services, or act as an agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive related products or services offered by third parties. LazyChimp.com receives a fee from the participating dealers, subscribers, or thirdparty service providers in connection with the Services.We are independent of the final outcome. We are NOT and DO NOT warrant to be a broker or agent of either party. Lazychimp.com is only a platform to get offers. TRANSACTION DOCUMENTS, LIENS, PAYOFFS, TAXES, ANY GOVERNMENT FEE, and FORMS OF PAYMENT will be handled directly between dealer and seller(s).
Once you accept the offer, the issued certificate and this entire transaction is only good for 7 days from the date of issue. ALL Dealers using this service reserve the right to revoke or modify their offers if the vehicle and entirety of the transaction are not as described in the proper manner for the benefit of both parties. You agree the Vehicle has been described by You in a truthful and accurate manner.
The dealer will issue you a bank draft. Most of the time these require you to deposit the draft into your account. Depending on your bank it will take time to be cash in your account. DEALERS WILL NOT PAY YOU IN DOLLAR BILLS(CASH). The draft amount paid to You will be net of all outstanding liens or payoff amounts (if any) and any other government fees or taxes due on the Vehicle. In the event that the lien or payoff amount (if any) is incorrectly calculated, then the dealer will adjust the amount due to you accordingly. You agree to provide the dealer with all reasonably requested information to aid in determining Vehicle's Lien or payoff status. You represent that You are the rightful owner of the Vehicle and have all right, title and interest in and to the Vehicle and are otherwise lawfully able to sell the Vehicle. You agree to provide a clear title to the Vehicle and You agree to execute all such additional documents as may be reasonably required for the dealer to obtain clear title
You agree to indemnify and hold LAZYCHIMP.com, its parent company, any subsidiaries and its employees harmless from any losses, expenses (including reasonable attorneys fees or collection costs), damages or liabilities incurred by Us arising from Your negligence, fraud, misrepresentation, intentional misconduct or failure to comply with these Terms of Service.
When you list a vehicle for sale through our service(s), we may obtain additional distribution for your listing through our relationships with other including but not limited to websites, marketing material, search engines, blogs, third-party vendors, and trade shows, We also may promote your listing on or through thirdparty websites or services. Neither LazyChimp.com nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from LazyChimp.com. LazyChimp.com is not liable for any solicitation, result, or transaction resulting from this "additional distribution".
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through the LazyChimp.com Sites. Nothing will undermine a user's confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat all users of the LazyChimp.com Sites fairly and honorably.
You acknowledge and agree that you will not use the LazyChimp.com site and service for any fraudulent, false, misleading or deceptive activityНѕ all content and information that you provide to LazyChimp.com is truthful, accurate and completeНѕ and you have the full right, title and interest in and to all content, photos and other material that you provide to, or post on, LazyChimp.comНѕ photos provided for the site and service only show the vehicle listed for sale and may not include under any circumstances people, animals, or other objects not part of the vehicle. LazyChimp.com reserves the right, in its sole discretion, to remove any listings or photo, without notice and without liability, that does not meet the requirements of these terms of service, LazyChimp.com's website Terms of Service, LazyChimp.com's policies, or if LazyChimp.com otherwise determines or believes, in LazyChimp.com's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason.
Selling A Vehicle
If you use or participate in the “For Sale By Owner” or “Print a For Sale By Owner Sign” Service, the following additional terms apply:
You are at least 18 years of age or older.
LazyChimp.com offers a “For Sale By Owner” and/or “Print a For Sale By Owner Sign” collectively referred to as (“FSBO”) or service (“FSBO Service”) whereby you may list your used vehicle for sale. When you offer a vehicle for sale through the FSBO Service, you must be prepared to sell that vehicle at the price you listed the vehicle, and have possession of the actual vehicle listed with the ability to transfer valid title. You are required to provide certain identifying and contact information, which must accurately identify yourself so potential buyers can communicate directly with you. You may not charge any potential buyer for information about any vehicle listed for sale on the FSBO Service, nor may you use the FSBO Service to promote, without our prior written permission, any other website, product or service. By using the FSBO Service, you represent, warrant, and covenant that (i) you are not a motor vehicle dealer, (ii) you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and (iii) neither you, nor anyone acting on your behalf, will list more than three (3) vehicles for sale at a time. Listings may not appear for up to 24 hours following your submission of the vehicle.
The FSBO Service is provided for informational purposes only. You alone are responsible for any sale or purchase transaction you engage in. We cannot (i) protect you from potential fraud or other misconduct, and (ii) assure that a seller has good title to the listed vehicle or that a buyer will supply good funds. Buyers and sellers should exercise caution when using the FSBO Service, and for example should use this same approach when using a classified ad service in a newspaper.
Information about a particular vehicle is supplied by the seller, not by LazyChimp.com. The price and other terms of any sale are subject to direct negotiation between the buyer and the seller, and LazyChimp.com plays no role in that negotiation. The prices listed by the seller on the FSBO Service often exclude sales tax, finance charges, title, license, regulatory, documentary, emission testing, and/or compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. We do not verify the information that sellers supply, nor guarantee the vehicles they offer. In an effort to combat Internet fraud, some listings may be screened before being posted publicly, which may delay display of your listing. Photographs of vehicles listed for sale on the FSBO Service may not be photographs of the actual vehicles. In addition, the color and general appearance of photographs may appear differently based on your monitor and color settings. For this reason, please contact the seller to confirm the accuracy of the information and photographs in the listing before you visit that seller.
By listing a vehicle for sale on the FSBO Service, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. LazyChimp.com does not guarantee that a vehicle listed for sale through the FSBO Service is available, as it may already have been sold. By accessing the FSBO Service, you agree not to use information concerning other users of the FSBO Service, nor the vehicles they have listed or searched for on the FSBO Service or otherwise expressed an interest in through the FSBO Service (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than in connection with the potential purchase or sale of a listed vehicle.
Responsibility for the information contained in each listing lies with each seller, and you alone are responsible for material you post and for the content of all email messages you transmit through the FSBO Service. We may perform random or selective quality assurance tests to confirm that those who offer vehicles for sale through the FSBO Service are prepared to sell listed vehicles at the specified prices and terms provided by the seller through the FSBO Service. By using the FSBO Service, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in “bait and switch” or other unfair or deceptive practices, LazyChimp.com may deny that seller use of the FSBO Service. THE LAZYCHIMP.COM ENTITIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE.
If you use or participate in the "THE EASIEST WAY TO SELL A CAR" Service, the following additional terms apply:
LazyChimp.com offers a "THE EASIEST WAY TO SELL A CAR" service ("THE EASIEST WAY TO SELL A CAR Service") whereby you may request offers to purchase your used motor vehicle (excluding certain types of vehicles) from participating dealers in the LazyChimp.com network ("Offers"). All Offers are subject to visual inspection and verification of the vehicle by, or on behalf of, the purchasing dealer, as well as the terms of, and your full compliance with, these Terms of Service and any other applicable terms. A participating dealer that makes an Offer is referred to in these Additional Terms as a "Dealer." When you request an Offer through the THE EASIEST WAY TO SELL A CAR Service, you must have possession of the actual vehicle listed, with the ability to transfer valid title as set forth herein. You are required to provide certain identifying and contact information, which must accurately identify yourself so potential Dealers can communicate directly with you.
To use the THE EASIEST WAY TO SELL A CAR Service or accept an Offer that you received through the THE EASIEST WAY TO SELL A CAR Service: (1) your vehicle must be located in a market in which the THE EASIEST WAY TO SELL A CAR Service is offeredНѕ (2) you or your company must be the registered owner of the vehicle in questionНѕ (3) you must possess a valid driver’s license or other form of valid government issued photo IDНѕ (4) you must provide accurate, complete, and truthful contact information and responses to all questions included in the online questionnaire, including those relating to the description and condition of your vehicleНѕ and (5) unless otherwise agreed in the offer with the Dealer, you must deliver your vehicle, with a valid registration and either clear and unencumbered title in your or your company name, or complete documentation regarding any lease obligations or liens on your vehicle (including, for example, contact information for your lender or leasing company, relevant account information and the current loan payoff amount or lease early termination fee for your vehicle) within 7 days of the acceptance of an Offer to the Dealer for inspection by, or behalf of, the Dealer.
The THE EASIEST WAY TO SELL A CAR Service enables Dealers to obtain information about vehicles for which Offers have been requested through the Service and, if applicable, to contact a seller to make an Offer. We do not participate in the creation or terms of any Offer or any sales/purchase transaction resulting therefrom. You alone are responsible for any sale transaction you engage in. Although Dealers have agreed to abide by certain customer service standards, we are not responsible for any potential fraud or other misconduct by a Dealer in connection with the THE EASIEST WAY TO SELL A CAR Service or any service(s) provided by LazyChimp.com. As a seller, you should exercise caution and good judgment when completing any transaction, including those involving the THE EASIEST WAY TO SELL A CAR Service.
THE EASIEST WAY TO SELL A CAR service is used to advertise one vehicle at a time. Regardless of the listing's duration. once you have published your listing you cannot edit your vehicle information. Always doublecheck this information before publishing a listing as you are bound by the Terms of Service outlined and resulting from erroneous information.
Dealers pay LazyChimp.com a fee per accepted offer. If you redeem your offer at a Dealer, you will have the option to either get a draft or apply the offer amount as a trade in credit. Although the Dealer is not obligated to purchase your vehicle for any price other than the amount of your Offer, you can try to negotiate a more favorable price or a THE EASIEST WAY TO SELL A CAR value for your vehicle and, of course, you are always free to sell or trade in your vehicle outside of the THE EASIEST WAY TO SELL A CAR Service. The sale price that you could receive for your vehicle in the open market may be more favorable than the amount of your Offer received through the THE EASIEST WAY TO SELL A CAR Service. The price and other terms of any sale are subject to direct negotiation between you and the Dealer, as LazyChimp.com plays no role in that negotiation. The Offer price may exclude sales tax, title, license, regulatory, documentary, emission testing, and/or compliance fees, any or all of which may be deducted from the Offer price to arrive at the final sale price of a vehicle(s). The Dealer will assist in completing all necessary vehicle titling and registration documents in connection with your sale of the vehicle(s), and as applicable, remit any required motor vehicle sales tax.
You acknowledge that if you provide any false, incomplete, or inaccurate information, including vehicle information or contact information, your Offer may be invalidated by the Dealer. By requesting an Offer, you agree that LazyChimp.com, its service providers, Dealers, and partners may use the contact information, you provided, including your telephone and/or mobile number and email address, to communicate with you about the THE EASIEST WAY TO SELL A CAR Service or other products and services that LazyChimp.com believes may be of interest to you. By requesting an Offer through the THE EASIEST WAY TO SELL A CAR Service, you agree to use the email address of the Dealer(s) making an Offer only for purposes of communicating with them about the potential sale of that vehicle.
You are responsible for the information contained in the vehicle questionnaire, the content of all email messages you transmit through the THE EASIEST WAY TO SELL A CAR Service, and any other information you provide. We may perform random or selective quality assurance tests to confirm that individuals who request an Offer through the THE EASIEST WAY TO SELL A CAR Service are prepared to sell such vehicles through the THE EASIEST WAY TO SELL A CAR Service. By using the THE EASIEST WAY TO SELL A CAR Service, you agree to cooperate in these quality assurance tests. If the tests reveal, or we otherwise learn, that a seller is violating these Terms of Service or engaging in other unfair or deceptive practices, LazyChimp.com may deny that seller use of the THE EASIEST WAY TO SELL A CAR Service.
Your Dealer will conduct a mandatory vehicle inspection free of charge to confirm the vehicle description and condition information that you provided online. This confirmation inspection may include, for example, paint thickness measurements, a road test, a mechanical inspection, and review of vehicle history reports and disclosure statements regarding flood, salvage, and/or odometer discrepancies (including rollbacks). In the event that the inspection reveals material misrepresentations and/or inconsistencies in the vehicle condition identified by you, the Dealer may refuse to purchase the vehicle or provide a revised Offer to you. You acknowledge and agree that we have no involvement in, or liability in connection with, the Dealer’s inspection of your vehicle and that the Dealer's decision and assessment as to the condition of your vehicle will be final.
At the conclusion of your vehicle inspection, you can accept your Offer, subject to any applicable postinspection adjustments to, or invalidation of, the Offer made by the Dealer, by delivering your vehicle to the Dealer's location or such other location agreed between you and the Dealer on the date specified by the Dealer and/or outlined in our service Terms of Service, in the same condition and with no more than 250 additional miles on the odometer. The Dealer will issue you a draft following the release of any applicable liens and lease obligations and the Dealer's receipt of a clear and unencumbered vehicle title. All drafts will be made payable to the vehicle owner(s) named on the vehicle title. As with any transaction it is your responsibility to verify funds and validity of the monies being paid. LazyChimp.com only verifies that the dealer has a valid state issued license and are in fact a dealer registered in the state in which they are located. By accepting any form of payment be it from an individual and/or dealer LazyChimp.com assumes no liability in connection with processing, payment, and/or validity of funds.
An Offer may include the option of using your Offer to trade in your vehicle for the specified amount. If you accept your Offer by trading in your vehicle (if applicable), your Dealer will issue you a credit against the sale price of a vehicle available in its inventory following the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title. If you have negative equity in your vehicle (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Offer), you will be responsible for paying the difference between the Offer and the amount needed to clear the title to your vehicle by certified check or other form of payment acceptable to the Dealer before your transaction can be completed. If you have positive equity in your vehicle, the Dealer will issue you a draft or a credit, as applicable, for the difference between the amount needed to clear the title to your vehicle and the Offer. The Dealer will assist you with processing of the paperwork and payments necessary to settle your loan or lease obligations and to obtain a clear title to your vehicle. This process typically takes 10 to 14 days following delivery of a vehicle to a Dealer, but could take longer in some circumstances.
By supplying a mobile number on our site, you consent to receiving calls and/or multiple texts at this number, and have authorization to do so, whether manually or automatically dialed, from us and/or the buyer from whom you accept an offer. Your information will only be shared with a buyer upon your acceptance of an offer. You do not have to provide us with a mobile number as a condition of obtaining an Offer. You also understand that your carrier's standard message and data rates might apply.
BY USING LAZYCHIMP.COM SERVICE AND/OR SITES, YOU AGREE NOT TO SUE LAZYCHIMP.COM, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR TRADE IN TRANSACTION THAT YOU ENTER INTO WITH A DEALER. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
LAZYCHIMP.COM, ITS SUBSIDIARIES, STAFF, REPRESENTATIVES, AND EMPLOYEES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM POTENTIAL DEALERS, OR RECEIVE ANY OFFER FOR YOUR VEHICLE FOR SALE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF AN ACTUAL OR POTENTIAL TRANSACTION INVOLVING THE THE EASIEST WAY TO SELL A CAR SERVICE, YOU AGREE TO LOOK SOLELY TO YOUR DEALER FOR YOUR REMEDY AND NOT LAZYCHIMP.COM, ITS SUBSIDIARIES, STAFF, REPRESENTATIVES, AND EMPLOYEES.
Buying a Vehicle
The prices listed by sellers on the LazyChimp.com Sites often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a vehicle or any other good or service you have read about on the LazyChimp.com Sites, you should confirm with the seller any information, including the price that is important to your purchasing decision. LazyChimp.com is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the LazyChimp.com Sites.
We may screen some email messages sent through the LazyChimp.com Sites to sellers about vehicles listed on the LazyChimp.com Sites. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
Please refer to sections marked “Service” and “Selling a Vehicle” as it puts forth in detail our process of obtaining listing information. As with any purchase it is the buyer's responsibility to verify any and all information. LAZYCHIMP.COM, ITS SUBSIDIARIES, STAFF, REPRESENTATIVES, AND EMPLOYEES DO NOT MAKE ANY REPRESENTATION OR WARRANTY PERTAINING TO THE LISTINGS ON OUR SITES. BE CAUTIOUS AS IN ANY TRANSACTION AND USE THIS SERVICE AND SITE AT YOUR OWN RISK.
Dealers
LazyChimp.com is a website and mobile service allowing dealers to make offers and potentially purchase vehicles from seller. Sellers including but not limited to Individuals, Private Sellers, Dealers, Banks, Finance Companies, Leasing Companies, Rental Car Companies, Repossession Companies, Fleet Management Companies, Manufacturers, Insurance Companies, Government Agencies, Selling for a Business, or other sellers. Among other things, LazyChimp.com allows dealers to locate, appraise, buy and sell inventory. By using the Service, you accept the Terms of Service Agreement in its entirety and this subsection titled dealers particularly. This is a legally binding agreement between you, your dealership, LazyChimp.com and the users on this site. LazyChimp.com operates solely as a service provider by granting website access to prospective buyers and sellers of vehicles and certain related services offered to facilitate the sale of vehicles. You are not permitted to use the Service unless you are an authorized dealer that has successfully subscribed and been verified by LazyChimp.com ("Dealer").
The Service is available to Dealers to assist in the purchase, sale, and trade of vehicles. Additionally, optional related services may be purchased to assist with vehicle procurement. The price and other terms of any sale remain subject to direct negotiation between the buying Dealer and the Seller. LazyChimp.com cannot verify the information sellers supply or guarantee the vehicles they offer. LazyChimp.com has the right to cancel or suspend a Dealer’s account at any time and without notice upon a breach, violation or noncompliance of this Agreement or any other policies, terms of service, or agreements of LazyChimp.com to such Dealer. Notwithstanding the foregoing, under no circumstances shall LazyChimp.com be required to issue refunds hereunder.
LazyChimp.com is the provider of the Service and is not a party to any contract concluded pursuant to the Service. LazyChimp.com is not responsible or liable to any Dealer, or any other user of the Service in any way, including, without limitation, any disputes arising out of the contract between Dealers and Sellers, such as disputes related whether the parties have fully performed their obligations thereunder and any disputes related to whether a contract has been validly entered into or concluded. All disputes should be directly handled between buyer and seller.
When and where possible LazyChimp.com at its own discretion might investigate matters on a case by case basis for dealers requesting a refund of service and/or dispute of a specific transaction. LazyChimp.com does not guarantee any refund for services but as it is paramount to LazyChimp.com the integrity of the service provided and therefore will attempt to resolve such cases.
As part of the service, seller will have the ability to rate dealers based on their experience. This service referred to as the "Hassle Rating" is to protect the integrity of the LazyChimp.com services, its users, and affiliates. At no time can LazyChimp.com be held liable or responsible for the ratings whether be it positive or negative in nature, as these ratings are the views of the user and not in any way communicated on behalf or inconjunction with LazyChimp.com. Dealers are required and encouraged to maintain the highest standards when using LazyChimp.com as negative ratings can impact their useability of the site.
In order to become a Dealer on LazyChimp.com you must be an authorized dealer of motor vehicles that has registered with the Service by agreeing to these Terms of Service. You may be required to show proof of eligibility for access to the Service. You agree that LazyChimp.com may ask for additional information including references to confirm eligibility.
The Service enables Dealers to receive listings from sellers, make offers and upon acceptance of said offer to directly negotiate and consummate the sale of vehicles listed on the Service.
As part of the service and in conjunction with the Privacy Statement, dealer personal identifiable information will be shared with the seller. This information is including but not limited to dealer location, type of dealer (franchise, independent, wholesaler, etc.),contact information, and Hassle Rating.
Each dealer is solely responsible for ensuring that it has all legal right, title and interest of ownership being conveyed and necessary documentation when buying a vehicle and receive the proceeds thereof, and that the vehicle is free and clear of any and all liens or encumbrances. Each dealer is also solely responsible for its compliance with all applicable laws, rules and regulations, including, without limitation, those related to the sale and purchase of motor vehicles. As with any transaction, dealers should use extreme caution in every transaction. Each vehicle transaction shall be consummated directly between the selling and buying Dealer, and LazyChimp.com has no interest, as broker or otherwise, in such transaction. Dealers use of this site and services at at their own risk.
As a dealer you hereby agree to a fee per accepted offer. Said fee will be charged to your credit card on file at the time the offer is accepted by the seller. All fees are listed in the website and are NON REFUNDABLE.
As part of the service and by supplying a mobile number and clicking continue, you have consented to receiving calls and/or multiple texts at the number provided, and have authorization to do so, whether manually or automatically dialed, from us and/or the seller to whom you made an offer. You do not have to provide us with a mobile number as a condition of making an Offer. You also understand that your carrier's standard message and data rates might apply.
YOU HEREBY RELEASE LazyChimp.com AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE LAZYCHIMP.COM SITES OR ANY BREACH OF THIS TERMS OF SERVICE AGREEMENT. FURTHERMORE YOU AGREE NOT TO ASSERT ANY CLAIM AGAINST THEM, ARISING FROM ANY AND ALL TRANSACTIONS CONDUCTED WITH THE USE OF LAZYCHIMP.COM AND ITS SITES
You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express hand written permission. Additionally, you agree that you will not do any of the following: take any action that imposes or may impose (in LazyChimp.com’s sole discretion) an unreasonable or disproportionately excessive burden on LazyChimp.com’s infrastructure, networks, and systemsНѕ copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of LazyChimp.com and the appropriate third-party, as applicableНѕ interfere or attempt to interfere with the proper working of the Service or any activities conducted on or with the Service.
You agree that this Agreement does not grant you any right to frame any of the content or information included in or accessed through the Service.
By submitting listings, ratings, reviews, comments or other content to LazyChimp.com, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit. You further represent that the content is accurate, that the use of the content you submit does not violate this Agreement, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless LazyChimp.com its affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys’ fees) resulting from content you submit. You further agree that you shall not manipulate the price of any listing, interfere with other listings or comments of other Dealers or users of the Service, circumvent or manipulate the LazyChimp.com fee structure, billing process, or fees owed to LazyChimp.com, take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Service or using it for purposes unrelated to the Service), or transfer your account (including feedback) or login information to another party without the consent of LazyChimp.com. LazyChimp.com reserves the right to remove any content from the Service that LazyChimp.com, in its sole discretion, determines violates this Agreement.
By submitting any content to LazyChimp.com, you are permanently granting LazyChimp.com, its affiliates, successors and licensees all rights to the material, including a nonexclusive, royaltyfree, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. You further grant to LazyChimp.com, and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.
IF YOU RELY ON THE SERVICE, OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE SERVICE. THE SERVICE AND THE WEBSITE ARE PROVIDED TO YOU “AS IS.” LAZYCHIMP.COM, ITS SITES, AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SERVICE). NOR DOES LAZYCHIMP.COM, ITS SITES, OR ITS AFFILIATES, AGENTS AND LICENSORS GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAZYCHIMP.COM, ITS SITES AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SERVICE BY YOU OR ANY OTHER third-party.
UNDER NO CIRCUMSTANCES WILL LAZYCHIMP.COM, ITS SITES, OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, COSTS, EXPENSES, FEES OR LIABILITIES ARISING OUT OF YOUR USE OF THE SERVICE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF LAZYCHIMP.COM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LAZYCHIMP.COM ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF THE SERVICE.
Termination of Service
You understand and agree that in LazyChimp.com's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and LazyChimp.com may exercise any other remedy available and remove any Materials, if LazyChimp.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of LazyChimp.com, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to LazyChimp.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that LazyChimp.com post a bond. LazyChimp.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in LazyChimp.com's sole discretion, you have violated these Terms of Service.
Trademark, Copyright, Intellectual Property
You agree that all of LazyChimp.com’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of LazyChimp.com, and that you will not display or use any of the foregoing without LazyChimp.com's prior written approval in each instance. The materials on the LazyChimp.com Sites are the property of LazyChimp.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Terms of Service, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the LazyChimp.com Sites. You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of LazyChimp.com. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
You acknowledge that by transmitting or posting any material on or through the LazyChimp.com Sites, you grant us, or anyone authorized by us, an unrestricted, nonexclusive, worldwide, royaltyfree, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the LazyChimp.com Sites. Among other uses of user materials, the LazyChimp.com Sites uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by LazyChimp.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Indemnity
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third-party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold LazyChimp.com, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third-party. You are solely responsible for defending any Claim against a LazyChimp.com Entity, subject to such LazyChimp.com Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a LazyChimp.com Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a LazyChimp.com Entity without its prior express written consent. YOU AGREE TO INDEMNIFY LAZYCHIMP.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE LazyChimp.com SITES OR ANY BREACH OF THIS TERMS OF SERVICE AGREEMENT.
Prohibited Activities
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individualНѕ (b) engaging in activities or submitting Material that could be harmful to minorsНѕ (c) engaging in activity or submitting Material that harasses or advocates harassment of another personНѕ (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to LazyChimp.com Users or othersНѕ (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelousНѕ (f) submitting Material that contains restricted or passwordonly access pages, or hidden pages or imagesНѕ (g) submitting Material that displays pornographic or sexually explicit material of any kindНѕ (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer virusesНѕ (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other UsersНѕ (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemesНѕ (k) using the Site's lead forms and/or tollfree numbers to advertise or promote products and services to LazyChimp.com advertisersНѕ (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permissionНѕ (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the SiteНѕ (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the SoftwareНѕ or (o) taking any action that imposes an unreasonable or disproportionately large load on LazyChimp.com's hardware and software infrastructure (collectively, "Prohibited Activities").
GENERAL
These Terms of Service may be amended from time to time without notice at LazyChimp.com’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and LazyChimp.com and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and LazyChimp.com with respect to the Services. The failure of LazyChimp.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no thirdparty beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require.
This Site includes links to other websites not established or supervised by LazyChimp.com or any Affiliate. LazyChimp.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Lake County, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Lake County, Illinois, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE LAZYCHIMP.COM ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by LazyChimp.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
Disclaimer & Limitation of Liability
IF YOU RELY ON THE LAZYCHIMP.COM SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE LAZYCHIMP.COM SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE LAZYCHIMP.COM SITES. THE LAZYCHIMP.COM SITES ARE PROVIDED TO YOU "AS IS." LAZYCHIMP.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE LAZYCHIMP.COM SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE LAZYCHIMP.COM SITES). NOR DO WE OR THEY GUARANTEE THAT THE LAZYCHIMP.COM SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE LAZYCHIMP.COM SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAZYCHIMP.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE LAZYCHIMP.COM SITES BY YOU OR ANY third-party. IN ADDITION, LAZYCHIMP.COM DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAZYCHIMP.COM OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. LazyChimp.com is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.
YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE LAZYCHIMP.COM ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRDPARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).
UNDER NO CIRCUMSTANCES WILL LAZYCHIMP.COM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE LAZYCHIMP.COM SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE LAZYCHIMP.COM SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF LAZYCHIMP.COM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE LAZYCHIMP.COM SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE LAZYCHIMP.COM SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE LAZYCHIMP.COM SITES.IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF LAZYCHIMP.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRDPARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
Offer Terms and Conditions
Although we hope that all who come to or use LazyChimp.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using the LazyChimp.com service to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling or buying a vehicle through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.
Terms and Conditions : You must be at least eighteen (18) years of age or older. By presenting this offer for redemption, you accept and agree to be bound by the terms and conditions as set forth below. Additionally you have agreed and accepted the terms of service agreement and privacy statement as displayed on the LazyChimp.com site(s).
Inspection: Dealer will inspect and verify the vehicle free of charge prior to purchasing it from you. This is to confirm the vehicle description and condition information you provided online. This inspection may include for example, a road test, mechanical inspection, and a review of history reports. Dealer may also check your vehicle's vin number against databases such as Carfax or Autocheck to verify liens, accidents, title status and more. Your vehicle must be delivered in the EXACT same condition as it was listed. Any alteration or removal of equipment such as radios, headrests, mats, manuals and the such will VOID this offer entirely. Dealer has the right to revise, revoke, or cancel this offer if the vehicle is not in the same condition as it was at the time of the offer. You acknowledge and agree that we have no involvement in, or liability in connection with, the Dealer’s inspection of your vehicle and that the Dealer's decision and assessment as to the condition of your vehicle will be final. At the conclusion of your vehicle inspection, you can accept your Offer, subject to any applicable post inspection adjustments to, or invalidation of, the Offer made by the Dealer.
If your vehicle has been involved in or part of any criminal act, dealer is responsible for reporting such findings to the authorities and may pursue legal remedies against you or any person that intentionally sells a vehicle which has been stolen, cloned, altered, or has an undisclosed lien. LAZYCHIMP.com is not a party to this transaction however retains the right to pursue legal remedies available to us for using our service to commit a criminal act.
Hassle Rating: This Dealer is committed to providing you a hassle free experience. You will have an opportunity also to rate your experience with this dealer. You can simply sell or trade your vehicle as it's listed on the offer. You have no obligation to purchase another vehicle in order to redeem this offer. You as the seller can decide not to redeem this offer at any time with no further obligation whatsoever. Email helpme@lazychimp.com if you are not 100000000% thrilled about your experience.
Title: You must have possession of the actual vehicle, be the registered owner, with the ability and authority to transfer valid title. If not all persons on title are present, supporting documents will be needed such as power of attorney or other legal documents authorizing you to sell this vehicle and convey title to dealer. You must possess a valid driver’s license or other form of valid government issued photo ID. Title must be in your name, a company name, or a name which is associated with the legal documents you provide for this vehicle. All documents including title are subject to acceptance by the dealer.
Payment: The dealer will issue you a bank draft. Most of the time these require you to deposit the draft into your account. Depending on your bank it will take time to be cash in your account. DEALERS WILL NOT PAY YOU IN DOLLAR BILLS (CASH). The draft amount paid to you will be net of all outstanding liens or payoff amounts (if any) and any other government fees or taxes due on the Vehicle. In the event that the lien or payoff amount (if any) is incorrectly calculated, then the dealer will adjust the amount due to you accordingly.
The Offer price may exclude sales tax, title, license, regulatory, documentary, emission testing, and/or compliance fees, any or all of which may be deducted from the Offer price to arrive at the final sale price of a vehicle(s). The Dealer will assist in completing all necessary vehicle titling and registration documents in connection with your sale of the vehicle(s), and as applicable, remit any required motor vehicle sales tax.
If you have negative equity in your vehicle (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Offer), you will be responsible for paying the difference between the Offer and the amount needed to clear the title to your vehicle by certified check or other form of payment acceptable to the Dealer before your transaction can be completed. If you have positive equity in your vehicle, the Dealer will issue you a draft or a credit, as applicable, for the difference between the amount needed to clear the title to your vehicle and the Offer. The Dealer will assist you with processing of the paperwork and payments necessary to settle your loan or lease obligations and to obtain a clear title to your vehicle. This process typically takes 10 to 14 days following delivery of a vehicle to a Dealer, but could take longer in some circumstances.
The Dealer is not obligated to purchase your vehicle for any price other than the amount of your Offer.
All drafts will be made payable to the vehicle owner(s) named on the vehicle title or otherwise as described. As with any transaction it is your responsibility to verify funds and validity of the monies being paid . LazyChimp.com only verifies that the dealer has a valid state issued license and are in fact a dealer registered in the state in which they are located. By accepting any form of payment be it from an individual and/or dealer LazyChimp.com assumes no liability in connection with processing, payment, and/or validity of funds.
An Offer may include the option of using your Offer to trade in your vehicle for the specified amount. If you accept your Offer by trading in your vehicle (if applicable), your Dealer will issue you a credit against the sale price of a vehicle available in its inventory following the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered vehicle title.
Lazychimp.com is only a platform to get offers. TRANSACTION DOCUMENTS, LIENS, PAYOFFS, TAXES, ANY GOVERNMENT FEE, and FORMS OF PAYMENT must be handled directly between dealer and seller(s)
LazyChimp.com - For the avoidance of misunderstanding, LazyChimp.com, its subsidiaries, and staff are a service to facilitate transactions by providing a research and communication platform between sellers and dealers. LazyChimp.com does sell vehicles, deal in vehicles, and has a dealers license, but does not provide broker services, or act as an agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive related products or services offered by third parties. LazyChimp.com receives a fee from the participating dealers, subscribers, or thirdparty service providers in connection with the Services.We are independent of the final outcome. We are NOT and DO NOT warrant to be a broker or agent of either party.
You agree to indemnify and hold LAZYCHIMP.com, its parent company, any subsidiaries and its employees harmless from any losses, expenses (including reasonable attorneys fees or collection costs), damages or liabilities incurred by Us arising from Your negligence, fraud, misrepresentation, intentional misconduct or failure to comply.
BY USING LAZYCHIMP.COM SERVICE AND/OR SITES, YOU AGREE NOT TO SUE LAZYCHIMP.COM, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY VEHICLE SALE OR TRADEIN TRANSACTION THAT YOU ENTER INTO WITH A DEALER. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO YOUR DEALER FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.
LAZYCHIMP.COM, ITS SUBSIDIARIES, STAFF, REPRESENTATIVES, AND EMPLOYEES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM POTENTIAL DEALERS, OR RECEIVE ANY OFFER FOR YOUR VEHICLE FOR SALE. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF AN ACTUAL OR POTENTIAL TRANSACTION INVOLVING THE THE EASIEST WAY TO SELL A CAR SERVICE, YOU AGREE TO LOOK SOLELY TO YOUR DEALER FOR YOUR REMEDY AND NOT LAZYCHIMP.COM, ITS SUBSIDIARIES, STAFF, REPRESENTATIVES, AND EMPLOYEES.
If you have any questions or concerns regarding the above Terms of Service, or wish you contact us regarding any matter, please contact us at terms@lazychimp.com.
The above Terms of Service were last updated on and are effective as of February 12th,2018