Terms of Service

1. Definitions

For clarity and consistency, the following terms have the meanings set out below throughout these Terms:

• "Platform" means the 10BelowCars website, mobile interfaces, and related online services operated by 10BelowCars.
• "Services" means the features, tools, and functionality 10BelowCars makes available through the Platform.
• "Dealer" means an independent, licensed automobile dealership that uses the Platform to advertise vehicles priced at ten thousand dollars ($10,000) or less.
• "Shopper" means an individual who browses listings, saves searches, or contacts a Dealer through the Platform.
• "User" means any person who accesses or uses the Platform, including Dealers and Shoppers.
• "Listing" means a vehicle advertisement created and maintained by a Dealer through the Platform.
• "Subscription" means a recurring paid plan that may be required for a Dealer to access certain Services.

2. Acceptance of Terms

These Terms form a binding agreement between you and 10BelowCars. By using the Platform, you accept these Terms in full. If you are entering into these Terms on behalf of a business — for example, a Dealership — you represent that you have the authority to bind that business, and the terms "you" and "your" will apply to both you and that business.

Certain features of the Platform may be subject to additional guidelines, rules, or eligibility requirements posted within those features. Where any such additional terms apply, they are incorporated into these Terms by reference. In the event of a conflict between these Terms and a more specific term, the more specific term controls only with respect to the feature it governs.

3. Eligibility

You must be at least eighteen (18) years of age and legally able to enter into contracts in order to create an account or use any feature of the Platform that requires registration. Dealers must additionally hold any license, permit, or registration required by the state or states in which they operate to advertise and sell motor vehicles. By posting a Listing as a Dealer, you represent that your dealership is properly licensed and in good standing under applicable law.

4. Account Registration

To access Dealer-facing features, you must register for an account and provide accurate, current, and complete information. You agree to keep your account information accurate and to update it as needed. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not you authorized it. You agree to notify us promptly of any unauthorized use or other security concern.

Shoppers are not required to create an account to browse Listings. Where a Shopper submits a Dealer inquiry, financing inquiry, or trade-in inquiry, that Shopper agrees to provide truthful information and accepts that the submitted information may be shared with the relevant dealership, as described in our Privacy Policy.

5. Description of the Marketplace

10BelowCars is an online advertising marketplace where independent, licensed automobile dealerships publish Listings for vehicles offered at a price of ten thousand dollars ($10,000) or less. Shoppers can search, browse, and contact Dealers directly regarding vehicles of interest.

10BelowCars exists only to provide the technology that allows Dealers to advertise vehicles and allows Shoppers to find and reach out to those Dealers. Any vehicle listed on the Platform is listed by, and remains the property of, the advertising Dealer. 10BelowCars is not a seller of any vehicle and is never a party to any transaction that may result from a Listing.

6. Dealer Accounts

Dealers use the Platform to create and manage vehicle Listings and to receive inquiries from interested Shoppers. A Dealer account may be subject to approval before Listings become visible. 10BelowCars may, in its sole discretion, decline, suspend, or deactivate any Dealer account, Listing, or inquiry feature at any time, with or without notice, including where a Dealer fails to meet these Terms or applicable law.

Dealers are solely responsible for the accuracy of all information they publish, for maintaining their own regulatory compliance, and for conduct toward Shoppers who contact them through the Platform.

7. Shopper Use of the Platform

Shoppers may use the Platform to research vehicles, save searches, compare Listings, and contact Dealers. While 10BelowCars may display certain descriptive details about a vehicle — such as the year, make, model, mileage, and price entered by the Dealer — 10BelowCars does not independently verify the accuracy of any Listing detail. Shoppers are strongly encouraged to inspect any vehicle in person, request a vehicle history report, confirm title status, and obtain an independent inspection before agreeing to purchase any vehicle.

8. Dealer Responsibilities

By publishing any Listing, a Dealer represents and warrants that the Dealer is solely and fully responsible for, and assumes all liability with respect to:

• The accuracy of the advertising price and any price changes;
• The accuracy, ownership, and lawful use of all photos and images;
• The accuracy of the Vehicle Identification Number (VIN) and mileage;
• Vehicle title status, history, and any existing liens;
• The actual condition of the vehicle and all material disclosures required by law;
• All applicable taxes, fees, and licensing;
• Any warranty, guarantee, financing, or service claim made within a Listing;
• Responses to Shoppers and the conduct of any resulting negotiation or sale.

Dealers further remain solely responsible for compliance with all applicable federal, state, and local laws governing vehicle advertising and sales. This includes, without limitation, required disclosures, licensing obligations, advertising accuracy, warranty and financing representations, odometer requirements, emissions requirements, recall disclosures where legally required, and the consumer-protection laws applicable to their business.

Dealers understand that reliance by a Shopper on any Listing detail, score, or label appearing on the Platform is at the Shopper's own risk, and that 10BelowCars does not inspect, appraise, certify, or stand behind any vehicle.

9. General User Responsibilities

All Users agree to use the Platform only for lawful purposes and to refrain from any conduct that could damage, disable, overload, or impair the Platform or interfere with any other party's use. Each User further agrees to provide truthful information and to respect the rights of other Users, Dealers, and 10BelowCars.

You may not use the Platform to collect personal data about other Users, to send unsolicited communications, or for any commercial purpose other than the authorized advertising of vehicles by an approved Dealer account.

10. Vehicle Listings

Each Listing is created and maintained by a Dealer. Columns such as price, mileage, and condition reflect only what the Dealer has entered and may be out of date or contain errors. A Listing does not constitute an offer by 10BelowCars. The availability, price, and condition of any advertised vehicle may change or be withdrawn at any time by the Dealer without notice, and 10BelowCars cannot guarantee that a listed vehicle remains available for sale.

10BelowCars reserves the right to format, categorize, or reorganize Listing content for consistency, readability, and searchability, and to remove or hide content that, in our judgment, may violate these Terms or applicable law. Any such action does not make 10BelowCars a publisher, editor, or party to the underlying advertisement.

11. Listing Accuracy Disclaimer

Information appearing on the Platform is presented by Dealers and has not been independently verified by 10BelowCars in every case. We cannot guarantee that any Listing is complete, accurate, current, or error-free. Among other things, we do not guarantee:

• The honesty or reliability of any Dealer;
• The availability of any listed vehicle;
• The advertised price;
• The availability of financing and any financing terms;
• Title status or lien status;
• Mechanical or cosmetic condition;
• Safety, roadworthiness, or fitness for a particular purpose;
• That the vehicle may lawfully be sold or registered in a given jurisdiction;
• Recall status or emissions compliance;
• Any inspection result, score, or value label displayed on the Platform; or
• That any advertised vehicle sale or inquiry will be successful.

Any reference to a "score," "value," "rating," or similar label is provided for general comparison only. Such labels are generated from limited information supplied by the Dealer and known market references, are not an appraisal, and should not be relied upon as a statement of vehicle value or condition.

12. Dealer Independence

Dealers are independent businesses. No Dealer is an employee, agent, partner, or representative of 10BelowCars, and 10BelowCars does not control a Dealer's pricing, inventory, sales practices, or communications. Nothing in these Terms or on the Platform creates any partnership, joint venture, employment, or agency relationship between 10BelowCars and any Dealer.

10BelowCars is a technology Platform only. We are not a Dealer, broker, auction company, financing company, inspection company, appraiser, warranty provider, transporter, escrow service, title company, or insurer. We do not take possession of vehicles, broker transactions, negotiate prices, arrange financing, or participate in title transfers. Any purchase agreement that results from a Listing exists solely between the buyer and the Dealer.

13. Marketplace Status

10BelowCars functions solely as an intermediary that displays Listings and routes messages between Shoppers and Dealers. We are not a party to any communication, negotiation, or transaction between a Shopper and a Dealer, and we make no commitment regarding the substance, timeliness, or outcome of any such communication.

Dealers are not employees of 10BelowCars and have no authority to legally bind 10BelowCars. Dealers may not represent themselves, directly or indirectly, as agents, partners, representatives, or affiliates of 10BelowCars. No agency, partnership, franchise, employment, or joint venture relationship exists between 10BelowCars and any Dealer merely because a Dealer uses the Platform.

To the fullest extent permitted by law, 10BelowCars will not be liable for the acts or omissions of any Dealer or Shopper, including any misrepresentation, fraud, breach of contract, or unlawful conduct.

14. Communications

The Platform enables messages and inquiry forms between Shoppers and Dealers. Messages submitted by a Shopper are forwarded to the dealership identified in the Listing so that the dealership may respond directly. 10BelowCars does not review, endorse, or guarantee the content of messages between Users and is not responsible for a Dealer's or Shopper's failure to respond.

By providing contact information through any form on the Platform, you consent to be contacted regarding your inquiry, account, or Listing, including by the contacted dealership, to the extent reasonably related to your request. Standard message and data rates may apply.

16. Intellectual Property

The Platform, including its design, text, graphics, logos, interface, databases, search functionality, proprietary software, platform architecture, branding, trade dress, and future proprietary marketplace tools, is owned by 10BelowCars and is protected by United States and international intellectual-property laws. Nothing in these Terms grants you any right, title, or interest in the Platform except for a limited, non-exclusive, revocable, non-transferable license to access and use the Platform in accordance with these Terms.

Marks, model names, and manufacturer badges appearing in Listings belong to their respective owners and are used for identification only. 10BelowCars is not affiliated with, endorsed by, or sponsored by any vehicle manufacturer. All 10BelowCars trademarks, service marks, trade names, and trade dress are the property of 10BelowCars and may not be used without our prior written consent.

All rights not expressly granted to you in these Terms are reserved by 10BelowCars.

17. User Content and License

Content that a User or Dealer submits to the Platform — including Listing text, photos, vehicle details, and messages — remains the property of the User or Dealer that submitted it. By submitting content, you represent that you own or have the necessary rights to that content and that it does not violate these Terms or any law or third-party right.

You grant 10BelowCars a worldwide, royalty-free, non-exclusive license to host, store, use, display, reproduce, adapt, and distribute that content on and through the Platform for the purpose of operating, promoting, and improving the Platform. This license survives until you delete your content, except where content has been copied or retained by other Users or where retention is required by law.

18. Acceptable Use and Prohibited Conduct

You may not, and may not assist any other party to:

• Post false, misleading, deceptive, or fraudulent content;
• Advertise a vehicle you do not actually own or have lawful authority to sell;
• Disclose another person's personal or financial information;
• Impersonate any person, dealership, or entity, or misrepresent an affiliation;
• Use the Platform to send unsolicited advertising or phishing messages;
• Attempt to gain unauthorized access to the Platform or any account, system, or data;
• Interfere with, disrupt, or overload the Platform, or introduce any virus or harmful code;
• Scrape, copy, or harvest Listings or data for any unauthorized commercial purpose; or
• Use the Platform for any unlawful, harmful, or abusive purpose.

Listing a vehicle the Dealer does not actually own or does not have in inventory is strictly prohibited and may result in immediate removal of the Listing and account termination.

19. Fraud Prevention

10BelowCars may use automated and manual processes to detect, prevent, and respond to fraud, abuse, and suspicious activity. We may investigate, limit, suspend, or terminate access where we believe, in our sole discretion, that a User may be engaged in fraudulent or unlawful conduct. We may also report suspected unlawful activity to the appropriate authorities. These measures are intended to protect the integrity of the Platform; they do not, however, guarantee that fraud will not occur, and 10BelowCars is not liable for any fraudulent Listing, message, or transaction.

20. Account Suspension and Termination

10BelowCars may suspend, restrict, or terminate any account or Listing at any time, with or without cause or notice, including where we believe a User has violated these Terms or applicable law, or where suspension is appropriate to protect the Platform or other Users. On termination, your right to use the Platform ends, and any licenses granted by these Terms terminate.

You may stop using the Platform at any time. If you are a Dealer, you may cancel your Subscription through the payment methods provided on the Platform; cancellation does not automatically refund fees already paid unless required by these Terms or applicable law.

21. Fees and Subscriptions

Access for Dealers may require a Subscription. Where a Subscription is required, fees, billing cycle, and trial terms will be disclosed at the time of signup. Subscription fees are billed in advance on a recurring basis unless and until you cancel. A free-trial period, where offered, applies only to new, eligible accounts and may be modified or discontinued at any time; you are not entitled to any future promotional pricing.

Promotional pricing is temporary and applies only for the period stated at signup. After a promotional period ends, the then-standard Subscription fee applies. 10BelowCars may change Subscription fees upon reasonable advance notice; changes generally take effect at the start of the next billing cycle following notice, and continued use of a paid feature after a fee change constitutes acceptance of the new fee. Applicable taxes are your responsibility where required by law.

If a payment fails or an account becomes delinquent, 10BelowCars may suspend the Subscription and associated Services, disable the posting of new Listings, or hide existing Listings until payment is resolved. Recurring billing may resume automatically once a valid payment method is on file. You may cancel at any time; cancellation takes effect at the end of the current billing cycle unless otherwise stated. We may correct billing errors and issue credits where appropriate, but no refunds are owed beyond what these Terms or applicable law require.

22. Payment Processing

Subscription payments to 10BelowCars are processed through Stripe, a third-party payment processor. By submitting payment, you agree to Stripe's terms and privacy practices, which are independent from these Terms. 10BelowCars does not store your full card number on its servers. We receive only confirmations and limited business records needed to manage your Subscription.

10BelowCars does not process any vehicle purchase payment. Any payment for a vehicle, deposit, or financing arrangement is handled entirely between the buyer and the Dealer outside of the Platform, and 10BelowCars plays no role in such a transaction.

23. Third-Party Services and Links

The Platform may contain links to, or integrate with, third-party websites or Services — such as vehicle history reports, vehicle valuation references, maps, and carrier Services — that are not owned or controlled by 10BelowCars. Any content, pricing, or service provided by a third party is the responsibility of that third party. 10BelowCars is not liable for any third-party service and does not endorse any third party by making a link or reference available.

24. Electronic Communications

You agree that electronic notices, agreements, disclosures, and records provided through the Platform satisfy any legal requirement that they be in writing, to the fullest extent permitted by applicable law. You consent to receive communications from 10BelowCars electronically and acknowledge that you can access and retain those communications.

25. Feedback

If you voluntarily submit suggestions, feature requests, comments, ideas, or other feedback to 10BelowCars, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, modify, and incorporate that feedback into the Platform without any obligation or compensation to you. This applies only to feedback you freely share with us and does not affect your rights in content you submit as a Listing or message.

26. Copyright and Intellectual Property Complaints

10BelowCars respects intellectual-property rights. If you believe that content on the Platform infringes a copyright or other intellectual-property right you own or control, you may notify us at the contact information below. Your notice should identify the allegedly infringing material, its location on the Platform, your contact information, and a statement that you have a good-faith belief that use is not authorized and that the information is accurate. We may remove or disable access to content that we determine, in our discretion, may be infringing, and may terminate accounts of repeat infringers.

27. Beta Features

The Platform may include experimental, preview, or beta features. Beta features may be added, modified, suspended, or discontinued at any time, may not operate as expected, and are provided on an "AS IS" basis without warranties of any kind. We may restrict or revoke access to beta features without notice.

28. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, 10BELOWCARS AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10BelowCars does not warrant that the Platform will be uninterrupted, error-free, secure, or free of harmful components, or that any Listing is accurate, complete, current, or reliable. Any reliance on the Platform or any Listing is at your sole risk.

29. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 10BELOWCARS OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY LISTING, OR ANY TRANSACTION OR COMMUNICATION WITH A DEALER OR SHOPPER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF 10BELOWCARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation applies in particular to claims arising from third-party Services, user-generated content, Dealer or Shopper conduct, software interruptions or errors, communication failures, cyber incidents involving third-party providers, Listing inaccuracies, data loss, or business interruption, in each case to the fullest extent permitted by law.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, THE AGGREGATE LIABILITY OF 10BELOWCARS FOR ALL CLAIMS RELATING TO THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, YOU PAID TO 10BELOWCARS IN CONNECTION WITH THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

30. Indemnification

You agree to defend, indemnify, and hold harmless 10BelowCars and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, settlements, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) any content you submit; (c) your violation of these Terms or applicable law; or (d) your violation of any right of any third party. 10BelowCars reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

31. Force Majeure

10BelowCars will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, equipment failures, or governmental actions.

32. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or to the Platform will be governed by the laws of the State in which 10BelowCars is organized, without regard to its conflict-of-laws principles.

You and 10BelowCars agree that the state and federal courts located in that State will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform, and each party submits to the personal jurisdiction of those courts.

33. Dispute Resolution

Before filing a claim, each party agrees to first attempt in good faith to resolve any dispute informally. If a dispute is not resolved within sixty (60) days, it will be finally resolved by binding arbitration administered in accordance with the Federal Arbitration Act, on an individual basis only and not as part of a class or representative action. The enforced interpretation of these Terms and any award will be limited to individual relief and will not include class-wide or representative relief.

Either party may bring an action in small-claims court for claims within that court's jurisdiction. You acknowledge that, by agreeing to this section, you and 10BelowCars are each waiving the right to a jury trial and to participate in a class action.

34. Changes to These Terms

We may revise these Terms from time to time. The "Last updated" date at the top of this page indicates when the most recent version became effective. If we make material changes, we will provide notice through the Platform or by other reasonable means. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms. If you do not agree, you should stop using the Platform.

35. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

36. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms that are expressly incorporated by reference, constitute the entire agreement between you and 10BelowCars relating to the Platform and supersede any prior or conflicting agreements on that subject.

37. Contact

If you have questions about these Terms, please contact us: