1.Acceptance of Terms
By accessing or using the ClearlyAuto website located at www.clearlyauto.com (the "Site"), including browsing listings, submitting a listing, or contacting any user through the Site, you agree to be bound by these Terms of Service ("Terms") in full. If you do not agree with any part of these Terms, you must not use the Site.
These Terms constitute a legally binding agreement between you and the individual owner and operator of ClearlyAuto ("we," "us," or "our"). Use of the Site is conditioned on your acceptance of and compliance with these Terms.
2.Nature of the Platform
ClearlyAuto is a free listing platform only. We are not a dealer, broker, auctioneer, agent, or party to any transaction conducted through this Site.
ClearlyAuto provides an online space where private individuals may post vehicle listings and where other individuals may browse those listings and contact sellers directly. All negotiations, agreements, payments, title transfers, inspections, and any other aspects of a vehicle transaction occur solely and exclusively between the buyer and seller involved. ClearlyAuto has no role in, and accepts no responsibility for, any such transaction.
Nothing on this Site constitutes an offer, solicitation, or endorsement of any vehicle, seller, or buyer.
3.Eligibility
You must be at least 18 years of age to submit a listing or contact a seller through this Site. By using the Site, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement.
Use of this Site is intended for residents and transactions within the United States. ClearlyAuto makes no representation that the Site or its content is appropriate or available for use in other locations.
4.Listing Rules and Prohibited Content
By submitting a listing, you represent and warrant that:
- You are the legal owner of the vehicle you are listing, or are expressly authorized to sell it on behalf of the owner.
- All information in your listing is truthful, accurate, and not misleading in any way.
- The vehicle has a clear, transferable title unless explicitly and prominently disclosed otherwise in your listing.
- The vehicle is not stolen, subject to an undisclosed lien, or otherwise encumbered in a way that would prevent a lawful sale.
- You will not submit duplicate, spam, or commercially bulk listings. ClearlyAuto is a private-party platform and is not intended for dealerships or commercial resellers.
The following content is strictly prohibited on the Site:
- Listings for stolen, fraudulent, or misrepresented vehicles.
- Listings containing false, deceptive, or misleading information.
- Listings for vehicles you do not own or have no authority to sell.
- Listings containing obscene, abusive, discriminatory, or illegal content.
- Listings used to harvest contact information or conduct phishing, fraud, or scams.
- Any use of the Site for commercial dealership advertising, bulk listing, or automated submissions.
We reserve the right to remove any listing that we believe, at our sole discretion, violates these rules or is otherwise inappropriate, without notice or liability to you.
5.No Verification or Warranty of Listings
ClearlyAuto does not verify, screen, inspect, authenticate, or endorse any listing, vehicle, seller, or buyer on this Site.
All listings are submitted by and are the sole responsibility of the individual users who post them. ClearlyAuto makes no representation or warranty, express or implied, as to the accuracy, completeness, legality, title status, condition, or fitness for any purpose of any vehicle listed on the Site.
Buyers are solely responsible for conducting their own independent due diligence prior to any purchase, including but not limited to: independently verifying the vehicle's title, ownership, history, condition, mechanical status, and any applicable liens or encumbrances. Always inspect a vehicle in person before completing any transaction.
Sellers are solely responsible for ensuring that all information in their listings is accurate and that they have legal authority to sell the vehicle offered.
6.Disclaimer of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEARLYAUTO, ITS INDIVIDUAL OWNER, OPERATORS, AND REPRESENTATIVES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.
This includes, without limitation, any and all liability for:
- Any vehicle transaction, dispute, loss, fraud, or injury arising between a buyer and seller who connected through this Site.
- The accuracy, completeness, legality, or fitness of any listing or vehicle described on the Site.
- The conduct, representations, or actions of any user of the Site, whether as buyer, seller, or otherwise.
- Any failure of a vehicle to match its listing description, or any misrepresentation made by a seller.
- Any loss of money, property, data, or opportunity resulting from use of or reliance on this Site.
- Any technical errors, downtime, data loss, or unauthorized access to the Site.
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
In no event shall ClearlyAuto or its individual owner be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from your use of the Site.
7.Indemnification
You agree to defend, indemnify, and hold harmless ClearlyAuto and its individual owner, operators, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to:
- Your use of or access to the Site.
- Any listing you submit, including any inaccuracy, misrepresentation, or unlawful content therein.
- Any transaction you enter into with another user of the Site.
- Your violation of these Terms.
- Your violation of any applicable law, regulation, or third-party right.
8.User Content and Intellectual Property
By submitting a listing — including text, photographs, and other content — to ClearlyAuto, you grant ClearlyAuto a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content on the Site for the purpose of operating the marketplace.
You represent and warrant that you own all rights to the content you submit, or have the necessary permissions to submit it, and that doing so does not infringe any third-party intellectual property rights or any applicable law.
All original content, design, code, and branding on the Site are the property of ClearlyAuto and its individual owner. You may not reproduce, distribute, or create derivative works from any Site content without express written permission.
9.Listing Removal Rights
ClearlyAuto reserves the right, at its sole discretion and without prior notice or liability, to remove, edit, or refuse any listing for any reason, including but not limited to listings that violate these Terms, appear fraudulent, generate complaints, or are otherwise deemed inappropriate.
If you believe a listing on the Site is fraudulent, illegal, or in violation of these Terms, please contact us at info@clearlyauto.com and we will review it promptly.
Sellers who wish to remove their own listing may contact us at info@clearlyauto.com with their listing details and we will remove it as soon as reasonably practicable.
10.Privacy
Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of information submitted through the Site.
Please be aware that contact information submitted as part of a listing — including your email address and phone number — is displayed publicly on the Site as part of that listing so that buyers may contact you directly. Do not submit contact information you do not wish to be publicly visible.
11.Third-Party Links and Services
The Site may contain links to third-party websites or services, including links within individual listings that redirect to external resources. ClearlyAuto has no control over, and accepts no responsibility for, the content, privacy policies, or practices of any third-party sites or services. The inclusion of any link does not constitute an endorsement by ClearlyAuto.
The Site uses Google Fonts, a third-party typeface service operated by Google LLC, to render typefaces. Your browser may make requests to Google's servers as a result. Please refer to Google's Privacy Policy for information on how that data is handled.
12.Changes to These Terms
ClearlyAuto reserves the right to modify or replace these Terms at any time at its sole discretion. When changes are made, the updated Terms will be posted on this page with a revised effective date. Your continued use of the Site following the posting of any revised Terms constitutes your acceptance of those changes.
We encourage you to review these Terms periodically. If you do not agree to the revised Terms, you must stop using the Site.
13.Governing Law and Disputes
These Terms and any dispute arising out of or related to your use of the Site shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Georgia, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.
You agree that any dispute resolution proceeding will be conducted on an individual basis only, and not as part of a class, consolidated, or representative action.