TERMS & CONDITIONS
These Terms and Conditions ("Terms") are a legal contract between you and RMS, LLC (also known as "RMS," "us," "our," or "we"). By accessing the website www.RMS.com ("Website"), you agree to abide by the following Terms. The following terms regulate all use of this Website and the services made available ("Services"). Before using or visiting the Website, please take a moment to read this agreement. Your access to and use of the Website and Services are governed by these Terms and any other documents they specifically include by reference, such as the Privacy Policy. If you disagree with any of these Terms or do not wish to be bound by them, do not use or access this Website.

We reserve the right to change or alter any element of these Terms at our sole discretion.
It is your responsibility to check these Terms for updates. Your continued use of or access to the Website following the posting of changes to the Terms indicated acceptance of those changes. The relationship between RMS and you is governed by these Terms. No third-party beneficiary rights are created by them. RMS reserves the right to suspend and/or refuse access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections, or otherwise.

By accepting an offer, you agree to be legally bound by these Terms without any modification or objection. If you do not agree to all of the terms and conditions of these Terms, do not access the Website or use any Services.

AGE & JURISDICTION
This Website is only available to users who are eighteen (18) years of age or older and live in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to enter into a binding agreement with RMS and that you meet all of the aforementioned eligibility conditions. You must not access or use the Website if you do not meet all of these conditions. If you are eighteen (18) years old but live outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk and that you agree to be bound by these Terms, despite any conflicting laws that may be in force in your country of residence.

The Website is not intended for users under the age of thirteen (13), and we do not intentionally collect personally identifiable information from users under the age of thirteen (13). Such users are strictly forbidden from using any of the Website's registration-required areas, registering for the Service, or providing us with their personally identifiable information.

USE OF SERVICES
RMS does not always directly buy or sell cars, offer salvage and towing services, or engage in vehicle purchase or sale negotiations. In certain cases, the Website acts as an intermediary for Sellers and Buyers to reach deals. When this occurs, RMS helps with the transaction's logistics and payment procedures rather than being involved in the actual transaction between Sellers and Buyers (as defined below). As a result, RMS has no influence over the quality, safety, or legal aspects of any transaction done through the Website or Services. RMS’s dealer's license enables it to purchase cars. When RMS purchases a vehicle from a Seller, RMS assumes the role of a Buyer and is subject to all the same rules and regulations included in the Terms. However, RMS does not bear any responsibility for the purchase and further handling of stolen vehicles.

The Services offered are in no way a replacement for your own due diligence, and neither RMS nor the information it provides may be relied upon for accuracy or completeness. You acknowledge that you may not accept an Offer (as defined below) for any vehicle that would put us in violation of any laws, rule, ordinance, or other legal requirement or that would go against our Prohibited Items terms.

While RMS employs methods like insurance, EID, and credit checks to confirm the legitimacy of Buyers and Carriers, it does not assume any responsibility for doing so. Additionally, it does not guarantee the safety of users of the Website or Services or the accuracy of any information. RMS is also not responsible or liable for any interactions or communications you have with Buyers or Carriers.

In order to access or use the Services or the Website, you may be required to provide current and correct identification, a username, password, email address, and other information. All information you provide to us or other users during the registration, Offer, transportation, or payment processes is your sole responsibility. Your personal information must be true, legal, correct, non-fraudulent, and solely yours. The confidentiality of your login information, which is necessary to utilize the Services and Website, as well as the accuracy and completeness of this information, are your responsibility. You may not impersonate, imitate or claim to be anybody else while registering and/or setting up an account on the Website. You understand and agree that we may process all transactions, including any purchases, that are started using your registered account, and you specifically permit us to do so.

The use of your account with RMS is subject to your full responsibility, including any actions taken by third parties to whom you have given your username or password. Please promptly alert RMS of any unauthorized use of your account or any other security breach.

By providing your information, you give RMS permission to use it in connection with the Services and in line with these Terms. As stated in our Privacy Policy, we may use and distribute the information you provide.

OFFER
An "Offer" is a sum of money or a service the Buyer offers. When accepted, it constitutes a transaction between a Buyer and a Seller. Offers are based on the correctness of the car details and personal information provided by the Seller.

SELLER
Users of RMS who provide details about their vehicle in order to obtain Offers from Buyers are referred to as "Sellers." When a Seller gets and accepts an Offer from a Buyer, they are put in touch with a Carrier to set up the pick-up of their vehicle.

BUYER
“Buyers” are RMS’s commercial users that submit offer bids to buy the cars listed for sale by Sellers. The vehicle's information, including its location and condition, is used to determine the bid value. An Offer is made to the Seller when a Buyer's offer is chosen.

Buyers are not allowed to "cut out" RMS or make bids to Sellers directly outside of the Services. If a Seller accepts an Offer made outside of RMS’s Service, RMS considers those Offers to be outside of its scope and is unable to offer the Seller or Buyer any support or help.

CARRIER
"Carriers" are commercial RMS users that physically transport the Seller's vehicle to the Buyer.

Carriers do not offer emergency towing or recovery services through RMS. With pick-ups, it is the Seller's duty to make sure the vehicle is in a secure position and can be removed upon the Carrier’s arrival. If an Offer stipulates that payment occurs at the moment the car is picked up, the Carrier also makes arrangements to pay the Seller.

CHARITY
Charities are commercial users that utilize RMS as a commercial platform to monetize vehicle contributions.

PUBLISHER
Publishers are commercial users that utilize RMS to monetize car-for-sale leads through the Service.

THIRD PARTY SERVICES
The Website and the Services may enable you to interact with third-party services, information about third-party services, or connections to third-party services ("Third Party Services") provided or made available, as appropriate, by third-party organizations, businesses, or people ("Third Party" or "Third Parties"). In certain situations, RMS serves as a conduit to enable you to locate, communicate, and engage with such Third Parties.

Even if you identify such a Third Party on or via the use of the Services supplied by RMS or communicate with them through the use of the Website, RMS is neither responsible nor liable for any activity you engage in or any conversations you have with such Third Parties. Unless expressly indicated to apply to such Third Party Services or Third Parties, these Terms do not apply to any Third Party Services or control the conduct of such Third Parties. While using Third Party Services, you should review the applicable terms of use for such Third Party websites or services.

Unless expressly specified to apply to such Third Party Services or Third Parties, your use of Third Party Services is subject to an independent agreement with the applicable Third Party supplying such Services and is not governed by these Terms. Please read all agreements, order forms, and commitments you make with a Third Party for Third Party Services very carefully. You acknowledge that all order forms, pledges, and agreements of this nature are solely your responsibility.

Please be aware that Third Parties willingly provide RMS with their information. RMS is not responsible for giving any guarantee, warranty, or recommendation to such Third Party Services and/or Third Parties and has no control over the information and resources made available. You agree that the Website may include outdated or inaccurate information about Third Parties or Third Party Services. When you hire any such Third Parties or enter into any contract with them, it is entirely your responsibility to gather up-to-date, accurate information about them, including details regarding service levels, final costs, and estimates. RMS disclaims all responsibility and liability for any loss or damage caused by, related to, or resulting from the use of or reliance on any content, information, events, goods, or services made available by or through such Third Parties. This disclaimer applies whether RMS is directly or indirectly involved.

PROHIBITED ITEMS
No hazardous or dangerous products may be picked up by a Carrier inside or with any vehicle. Anything that could endanger someone's health, safety, or property while in transit is classified as hazardous or dangerous (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Parts, scrap metal, and liquids are among the things that RMS cannot handle. RMS ONLY OFFERS SERVICES RELATING TO PASSENGER VEHICLES. Motorcycles, large machinery, trailers, motorhomes, recreational vehicles, and boats are not included in this.

LET’S COOPERATE FAIRLY
By using our Services, you acknowledge that you are using them by fair means and that you mean to use them only for their intended purposes. Additionally, you warrant that you have the legal right to sell the vehicle on which the Offer is based. You acknowledge that it is your entire responsibility to adhere to any applicable laws, rules, statutes, and regulations, including any local, state, or federal licensing requirements.

PAYMENT PROCESS AND METHODS
In most circumstances, the Carrier is able to pay the Seller at the time of pick-up. The amount owed to the Seller will be processed as soon as the car is confirmed to be picked up and the condition and papers have been checked if paid by mailed check, ACH, wire transfer, or any similar payment method.

SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS
The Seller guarantees that all details given to RMS are correct and legally true, including but not limited to the following:

1. Vehicle Location: The address specified at the time of submission must match that of the vehicle location when it is picked up;
2. Vehicle Information: The vehicle's year, make, model, trim, and VIN must correspond to the vehicle that is picked up;
3. Car Condition: When the car is picked up, the following issues will be checked:

• Whether the vehicle has all its wheels mounted with tires and their condition.
• Whether the vehicle has a key and the battery is installed and functioning.
• Whether the vehicle "starts" if upon turning the ignition, the engine starts normally and idles.
• Whether the vehicle "drives" if it moves under its own power when placed into gear, is safe to drive, and is free of major mechanical issues.
• Whether all parts of the vehicle's engine and transmission are intact and their condition.
• Whether all parts of the vehicle's exhaust system are intact and their condition.
• Whether the vehicle has been used as a taxi.
• The mileage shown on the odometer or its condition.
• Whether the vehicle exterior is intact and its condition.
• Whether the vehicle has body damage.
• Whether all mirrors, glass, and lights are intact and their condition.
• Whether the vehicle has any water or fire damage.
• Whether the vehicle interior is intact and its condition.

4. Vehicle Ownership: The title documentation provided for ownership and legal validity verification must be accurate and legitimate. The following information must be provided to RMS clearly and truthfully:

• Whether you have a title and its type.
• Which state the title is issued in.
• The title's listed owner(s) name.
• Whether any liens are still owed.

5. RMS reserves the right to void the transaction, recalculate the Offer, or refuse pick-up if any information about the vehicle provided by the Seller is discovered to be unreliable upon inspection or if any significant vehicle component is missing or removed, even if not explicitly mentioned or inquired about during the offer process.

6. The Seller agrees to execute all paperwork, forms, and authorizations and take any other steps required to complete the transfer of ownership of the car at their own expense and per RMS's reasonable requests. RMS reserves the right to void the transaction and demand that the Seller pick up the vehicle at their own cost if the Seller refuses to cooperate with RMS. If the Seller fails to pick up the vehicle, it can be considered an abandoned vehicle at the Seller's expense.

PROPRIETARY RIGHTS
RMS provides you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Website solely under the terms and conditions set out herein if you are qualified to use the Services and the Website. The license granted herein will be revoked for any use of the Website that is not permitted by these Terms.

The Website can also include trademarks and service marks that are the intellectual property of third parties. Without the prior written consent of the relevant intellectual property owner, your use of the Services or the Website does not provide you any right or license to utilize such intellectual property.

RMS reserves all rights not expressly granted herein. Your use of this website does not give you any form of ownership rights.

CONFIDENTIALITY
We may disclose to you, or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, everyday business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications as a result of your use of the Services and the Website, whether as a result of any intentional or negligent act or omission ("Our Information"). You hereby acknowledge and accept that all of Our Information is confidential and will remain our own and exclusive piece of intellectual property. You acknowledge that the execution of these Conditions only permits the specific uses of Our Information. Any sharing of Our Information with a third party, particularly a direct rival, is strictly forbidden and will be challenged in court. The termination of these Terms shall not affect any of the duties outlined herein. Additionally, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that Your disclosure of Our Information would cause us serious harm. You acknowledge and concur that monetary damages are an inadequate penalty for the breach of this confidentiality duty and that we shall be entitled to injunctive action.

USER CONDUCT
By using the Website and Services, you agree not to send to RMS or upload onto or through the Website any information unless you have permission to do so and that you will not:

1. Break any applicable federal, state, provincial, country, or international laws, regulations, or rules as a result of your use of the Website;
2. Make any information available to RMS if doing so would contravene any relevant Laws, industry or professional codes or standards, contractual or fiduciary responsibilities, confidentiality obligations, employment rules, or other requirements to which you are obligated;
3. Submit any information, data, photos, or other materials on the Website that contain vulgar, profane, abusive, or offensive language, epithets or slurs, text or graphics in poor taste, provocative assaults of a personal, racial, or religious character, or statements of intolerance, racism, discrimination, or hate, or that may violate another person's right to privacy or infringe any intellectual property right, including a patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any third party;
4. Make an account for another person without their consent or give any incorrect personal information on RMS;
5. Impersonate any person or entity, fraudulently claim to be affiliated with such, or otherwise misrepresent your affiliation;
6. Breach or attempt to breach the security of any of the Services, including by accessing a server or account that you are not allowed to access; Interfering with the Website by overloading, flooding, pinging, mail bombing, crashing it, or attempting to do any of the foregoing; testing, scanning, probing, or hacking the vulnerability of the Website or any network utilized by the Website; or attempting to do any of the above;
7. Share your password, allow, authorize, or enable anyone else to access your account, or do anything else that may reasonably be expected to compromise the security of your account;
8. Reverse engineer, decompile, disassemble, or otherwise seek to reconstruct, identify, or uncover any source code, underlying concepts, underlying user interface techniques, algorithms, or any other part or element of any portion of the Website;
9. "Scrape," copy, transfer, or display any information, data, software, interfaces, code, widgets, tools, or other materials contained in or accessible by means of the Website ("RMS Information") from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through the use of the search engine and search agents available from RMS on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari, and Microsoft Internet Explorer); or
10. Obtain RMS Information, email addresses, or other contact information about other users from the Website or Services via electronic or other methods to send unsolicited emails or other unsolicited communications.

ADDITIONAL RESTRICTIONS/OBLIGATIONS

1. Any data incorporating or using RMS Information is prohibited from being gathered, developed, or derived for commercial sale.
2. RMS Information is also prohibited from being altered, copied, distributed, downloaded for storage on a hard drive or other storage media, displayed, used, published, licensed, transferred, or sold.
3. By entering your information on the website and in communications with third parties, you must be truthful, accurate, current, and complete; maintain and update this information in the same manner;
4. Any copyright warnings or limitations present in any content you access through the Website are subject to your compliance.
5. Any information on the third-party services or third parties, including pricing details and location, regardless of how obtained, may not under any circumstances be published, copied, distributed, shared, or made publicly available in any way (whether through the use of the Services or directly from the Third Party).

SUBMISSIONS
You further affirm and warrant that you own or otherwise control all of the rights to your Submissions and all of their components; that you have permission from any and all third parties appearing in your Submissions to grant the license outlined in these Terms for their names, likenesses, or other likenesses, and for any other third-party elements that may be required in and as part of your Submission; and that your Submission will not infringe upon or otherwise violate the rights of any third party. Additionally, you guarantee and represent that your submissions abide by any laws, rules, and agreements with third parties to which you are subject.

Any Contribution you make on this website or to any Third Party Organization through the website, including any communications with such organizations, is strictly your responsibility. RMS will not be compelled to regard any Submissions as confidential unless specifically instructed to do so in writing. Unless otherwise provided in writing, all Submissions made through or on the Website will be assumed to be public. Submissions' content is not first reviewed. As a result, users who view publicly accessible Contributions do so at their own risk, particularly regardinginaccurate and other undesirable information. Despite the aforementioned, RMS reserves the right but does not owe any duty, to remove Contributions that RMS, in its sole discretion, deems abusive, defamatory, obscene, in breach of any Laws, or otherwise inappropriate.

NON-SOLICITATION
Through the use of the Services or the Website, you may not pursue or hire any of our employees. You must also refrain from interfering in any of our other commercial ties.

INFORMATION COLLECTION, USE & SHARING
For RMS to offer its Services, certain personal information is needed. The RMS Privacy Policy, the terms of which are incorporated herein by this reference, governs your use of the Website and Services. You recognize and agree to be bound by the terms of RMS’s Privacy Policy, including the collection, use, and sharing of your personal information, by using the Website and Services.

RMS may request your contact information, including your phone number, from time to time. RMS or its business partners could get in touch with you via phone or text. Please contact us if you have any questions about RMS’s policies with regard to compliance with the Telephone Consumer Protection Act, which is governed by the Federal Trade Commission, and compliance with the National Do Not Call List.

RECORD KEEPING
For administrative reasons, we reserve the right to keep a record of every interaction and conversation you have with other members.

RELEASE OF LIABILITY
In the event that there is a dispute between you and one or more of the Sellers, Buyers, or Carriers, you hereby release RMS, LLC, its affiliates, subsidiaries, officers, directors, agents, members, managers, shareholders, employees, or representatives from any and all claims, demands, and damages (actual and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Neither RMS nor our affiliates, subsidiaries, or each of our respective officers, directors, employees, shareholders, managers, members, agents, or representatives shall, in any event, be liable to you with respect to any subject matter of these terms or any matter arising from or relating to the Services or Website under any legal theory, including contract, negligence, strict liability, or other any legal or equitable theory for any direct, indirect, special, general, incidental, punitive, exemplary, or consequential damages; the cost of any failure or delay caused by events beyond our reasonable control. To the extent prohibited by applicable law, the above shall not apply.

DISCLAIMER
The Services are used solely at your own risk. The Website is provided "as is" and "as available" without any express or implied warranties of any kind. This includes all materials, information, services, facilities, and other content on the Website. You agree to take all risks of damage or loss resulting from the use or inability to use the Website or Services. RMS expressly disclaims any warranties, express or implied, with regard to the Website and Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by law.

RMS makes no warranty that the Website or Services will meet your needs, that the Website will operate continuously, uninterruptedly, or error-free; that defects will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful components. In terms of their quality, correctness, accuracy, reliability, or anything else, RMS does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content on or made available through the Website or any websites linked to this Website. No warranty is made by RMS that your use of the materials, information, software, facilities, services, or other content on this Website or any other website will not infringe the rights of others. Neither RMS nor any other website assumes any responsibility or liability for any errors or omissions in the materials, information, software, facilities, services, or other content found on this Website or any other website. The above exclusions will apply to you only to the extent permitted by applicable law if applicable law does not allow some or all of the above-implied warranties to apply to you.

INDEMNIFICATIONS
You hereby agree to hold harmless RMS and RMS’s subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives, approved and permitted licensees, and assigns from any and all loss and damage (including without limitation reasonable legal fees and expenses incurred by RMS in any action or proceeding between RMS and an affiliate or between any third party and RMS or otherwise), from and against any and all claims and costs, including legal fees, resulting from your use of the Website or the Services, including but not limited to claims resulting from a breach of your obligations, representations, and warranties under these Terms or from your use of the Website or the Services in violation of these Terms.

SEVERABILITY
Any term of these Conditions deemed illegal or unenforceable will not impact the other provisions' legality or enforceability.

TERMINATION
You acknowledge and agree that we may, at any time, in our sole discretion, terminate your account and delete any content you have posted or submitted for any reason. You acknowledge and accept that we may carry out one or more of these activities without prior notice. We reserve the right to promptly deactivate and/or delete any and all information pertaining to your account, including your registration data and submitted material, should we decide to take any of these measures. You acknowledge and accept that if your access is terminated or information related to your account is deleted, we won't be liable to you or anyone else.

RMS may claim damages from you in any venue we consider appropriate if we learn that you willfully and intentionally broke one of our policies or tried to manipulate the Website, the sale process, or communications.

CHANGE IN CONTROL
All of RMS’s rights under this agreement shall be transferrable without giving you the prior notice in the case of a change of control of Scrabt, the sale of almost all of its assets, or any other corporate event.

THIRD PARTY
The Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy apply to the use of Google Maps' features and content.

DataOne Software is an automotive data source that offers information to solution and service providers in North America in a variety of industries, such as risk management, transportation, and marketing for the automobile industry.

CONTACT
If you have any questions about these Terms, you may contact us at hello@RMS.co