By accessing or using the OwnTheOffer platform ("Platform"), including the website located at owntheoffer.com, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and OwnTheOffer ("Company," "we," "us," or "our").

OwnTheOffer is an online marketplace that connects private vehicle sellers ("Sellers") with licensed motor vehicle dealers ("Dealers"). The Platform facilitates the submission of vehicle listings by Sellers and the submission of cash purchase offers by Dealers. OwnTheOffer is not a party to any transaction between Sellers and Dealers. We do not buy, sell, broker, or take possession of any vehicles. We do not provide appraisals, inspections, financing, or guarantees of any vehicle's condition, value, or history.

You must be at least 18 years of age and legally able to enter into binding contracts to use the Platform. Sellers must be the legal owner of the vehicle they list or have written authorization from the legal owner. Dealers must hold a valid, active motor vehicle dealer license in their state of operation and must maintain such license throughout their use of the Platform.

4.1. Listing Accuracy. Sellers agree to provide truthful, accurate, and complete information about their vehicle, including but not limited to: VIN, mileage, condition, title status, known defects, accident history, and photographs. Misrepresentation of vehicle condition or history is prohibited and may result in removal from the Platform.

4.2. No Cost to Sellers. There is no fee for Sellers to submit a vehicle listing, receive offers, or use any Seller-facing features of the Platform.

4.3. Listing Duration. Vehicle listings remain active for a period determined by OwnTheOffer (currently 7 days), after which they expire. Sellers may be eligible for a one-time extension. OwnTheOffer reserves the right to modify listing durations at any time.

4.4. Offer Review. Sellers are under no obligation to accept any offer. Sellers may accept, decline, or counter any offer at their sole discretion.

4.5. Contact Information. Seller contact information (name, phone number, email, and location) is not disclosed to any Dealer until the Seller accepts that Dealer's offer. By accepting an offer, the Seller consents to the release of their contact information to the accepted Dealer for the sole purpose of completing the vehicle transaction.

4.6. Transaction Responsibility. Once an offer is accepted and contact information is exchanged, all aspects of the transaction — including inspection, payment, title transfer, and delivery — are the sole responsibility of the Seller and the Dealer. OwnTheOffer is not responsible for any disputes, damages, losses, or liabilities arising from the transaction.

4.7. Vehicle Pickup and Delivery. The location for vehicle pickup and/or drop-off is to be negotiated directly between the Seller and the Dealer. OwnTheOffer does not arrange, coordinate, or assume any responsibility for vehicle transport, logistics, or meeting locations. Both parties are responsible for agreeing on a mutually acceptable location and time for the vehicle exchange.

5.1. License Requirement. Dealers must hold a valid motor vehicle dealer license issued by their state and must provide proof of such license during the application process. OwnTheOffer reserves the right to verify the validity of any dealer license at any time and to suspend or terminate any account where the license is found to be expired, revoked, or fraudulent.

5.2. Cash Offers Only. Dealers agree to submit only outright cash purchase offers. Dealers may not use the Platform to solicit trade-ins, offer financing, pitch additional services, or engage in any form of marketing to Sellers. Violation of this rule may result in immediate suspension or termination of the Dealer's account without refund.

5.3. No Unauthorized Contact. Dealers may not contact Sellers outside the Platform prior to offer acceptance. Dealers may not attempt to obtain Seller contact information through any means other than through an accepted offer on the Platform. Any attempt to circumvent the contact protection system is a violation of these Terms.

5.4. One Offer Per Listing. Dealers may submit one offer per vehicle listing. Dealers may respond to counter offers from Sellers as part of the negotiation process.

5.5. Inspection Rights. Dealers reserve the right to perform a visual and driving inspection of the vehicle prior to finalizing payment.

5.6. Vehicle Pickup and Delivery. The location for vehicle pickup and/or drop-off is to be negotiated directly between the Dealer and the Seller. OwnTheOffer does not arrange or coordinate vehicle transport. If the vehicle's condition is materially different from the listing, the Dealer may renegotiate or withdraw their offer.

5.7. Subscription Required. Dealer access to the Platform requires an active paid subscription. Subscription terms are governed by the separate Monthly Subscription Agreement.

All Users agree not to: (a) provide false or misleading information; (b) use the Platform for any unlawful purpose; (c) harass, threaten, or abuse other Users; (d) attempt to gain unauthorized access to any part of the Platform; (e) use automated systems, bots, or scrapers to access the Platform; (f) reproduce, distribute, or create derivative works from Platform content; (g) interfere with or disrupt the Platform's operation; (h) submit fraudulent listings or offers; (i) use another person's account without authorization; or (j) violate any applicable local, state, or federal law or regulation.

OwnTheOffer reserves the right to suspend, restrict, or terminate any User's access to the Platform at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, failure to maintain a valid dealer license, failure to pay subscription fees, or conduct that OwnTheOffer determines to be harmful to the Platform or its Users. In the event of termination, OwnTheOffer is not obligated to provide any refund of subscription fees except as specified in the Monthly Subscription Agreement.

All content on the Platform, including but not limited to text, graphics, logos, images, software, and trademarks, is the property of OwnTheOffer or its licensors and is protected by applicable intellectual property laws. Users may not copy, modify, distribute, or reproduce any Platform content without prior written consent. Vehicle listings and photographs submitted by Sellers remain the property of the Seller but are licensed to OwnTheOffer for display on the Platform for the duration of the listing.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OWNTHEOFFER DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. OWNTHEOFFER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY VEHICLE LISTING, OFFER, VALUATION, OR USER-GENERATED CONTENT ON THE PLATFORM. OWNTHEOFFER DOES NOT GUARANTEE THAT ANY VEHICLE LISTED ON THE PLATFORM WILL RECEIVE OFFERS OR THAT ANY TRANSACTION WILL BE COMPLETED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNTHEOFFER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, ANY TRANSACTION BETWEEN USERS, OR ANY VEHICLE LISTED ON THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL OWNTHEOFFER'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO OWNTHEOFFER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless OwnTheOffer, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any transaction between you and another User; or (e) any content you submit to the Platform.

Your use of the Platform is subject to our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. Seller contact information is protected and only shared with Dealers upon offer acceptance as described in Section 4.5. OwnTheOffer does not sell User data to third parties for marketing purposes.

Any disputes arising out of or relating to these Terms or the Platform shall first be addressed through informal negotiation. If the dispute cannot be resolved within thirty (30) days, either party may pursue resolution through binding arbitration administered under the rules of the American Arbitration Association. Arbitration shall take place in the State of Missouri. Each party shall bear its own costs in the arbitration. Class action lawsuits, class-wide arbitrations, and representative actions are expressly waived by all Users.

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

OwnTheOffer reserves the right to modify these Terms at any time. Material changes will be communicated via email or through a notice on the Platform. Continued use of the Platform after any modification constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

For questions regarding these Terms of Service, please contact: OwnTheOffer · Email: legal@owntheoffer.com