These Terms of Use ("Terms") are an agreement between you and Low Miles No Miles, LLC, a Michigan limited liability company ("LMNM," "we," "us" or "our"). They govern your use of the Low Miles No Miles websites, apps and related services, including classified listings, online auctions, WTB (wanted) ads, member accounts, the Garage, comments, messaging, dealer tools, vehicle history and market data features, and transportation quotes and, where available, booking (together, the "Service").
IMPORTANT: SECTION 20 CONTAINS AN ARBITRATION AGREEMENT. UNLESS YOU OPT OUT AS SECTION 20.10 DESCRIBES, YOU AND LMNM WILL RESOLVE MOST DISPUTES BETWEEN US THROUGH INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU AND LMNM EACH GIVE UP THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. SECTION 20 DOES NOT APPLY TO DISPUTES BETWEEN YOU AND OTHER MEMBERS, SUCH AS A BUYER AND A SELLER.
You accept these Terms by checking the box or clicking the button that says you agree when you create an account, when you are asked to accept a new version, or when you use a feature that asks for your agreement. If you do not agree, do not use the Service.
1. The documents that make up this agreement
1.1. These Terms include the following documents, each of which applies when you use the feature it covers:
- the Auction Rules, including the Standard Sale Terms, when you submit a vehicle for auction or bid;
- the Fee Schedule and Refund Policy, whenever you buy anything from LMNM or owe LMNM a fee;
- the Community Rules, whenever you post content or contact other members;
- the Copyright Policy, which explains how we handle copyright complaints;
- the Dealer Program Terms, if you use the Service for a dealer or as a member of a dealer organization;
- the SMS Program Terms, if you sign up for text messages; and
- the Shipping Terms, if you book vehicle transportation through the Service.
1.2. The Privacy Policy explains how we collect, use and share personal information. We ask you to acknowledge it, but it is a description of our practices, not a contract term you must agree to.
1.3. If two documents conflict, the more specific document controls for its subject. The Dealer Program Terms control for a dealer's use of the Service. Section 20 of these Terms (the Arbitration Agreement) controls over any other dispute provision, except that the Dealer Program Terms contain their own dispute provision for dealer business accounts.
2. Who may use the Service
2.1. You must be at least 18 years old and able to form a binding contract to create an account, list a vehicle, bid, make or accept an offer, buy anything from LMNM, or post content. Anyone may browse public pages of the Service without an account.
2.2. If you use the Service for a business, you represent that you have authority to bind that business to these Terms, and "you" includes that business.
2.3. The Service is intended for use in the United States.
2.4. You may not use the Service if we have closed or suspended your account, unless we agree in writing, or if you are prohibited from receiving services under U.S. law.
3. Your account
3.1. Keep your account information accurate and current, keep your password confidential, and tell us promptly at support@lowmilesnomiles.com if you believe someone has used your account without permission. You are responsible for activity through your account unless it resulted from our failure to secure the Service.
3.2. Your username is your public identity on the Service. It appears beside your bids, listings, comments, Garage entries and messages. Your legal name, email address, phone number and payment details are not shown publicly, except as the Privacy Policy describes for completing a sale. Do not choose a username that impersonates a person or business or misleads other members.
3.3. We may require verification before you use certain features, for example a verified email address, a verified phone number, a payment card on file, a temporary card authorization before bidding, or two-step sign-in. We may ask for more information if we have reason to believe it is needed to protect the Service or its members.
3.4. If we let you sign in with an account from another company (for example, a social media account), that sign-in only confirms your identity. It is not your agreement to these Terms. You will be asked to accept these Terms on our own screen before your account is created.
3.5. Accounts moved to the Service from LMNM's earlier websites keep their usernames and history. The first time you sign in to the current Service, you will be asked to accept these Terms before you can list, bid, make or accept offers, buy, post, message other members or book transportation. Nothing you accepted on LMNM's earlier websites counts as acceptance of these Terms.
4. What LMNM does, and what it does not do
4.1. What LMNM does. LMNM operates an online marketplace and auction service for vehicles driven unusually little for their age. We:
- publish a qualification standard for the vehicles we list and review submissions against it;
- review, organize and display listings, and edit or write some listing and auction descriptions;
- sometimes verify particular facts about a vehicle, and say what we verified, how and when;
- run timed online auctions under the Auction Rules, identify the high bidder, and introduce the buyer and seller;
- provide messaging, offers and other tools buyers and sellers use to reach an agreement;
- charge the fees in the Fee Schedule for our services;
- provide access to third-party vehicle history and market information; and
- offer vehicle transportation quotes and, where it is available, booking through a transportation provider under the Shipping Terms.
4.2. What LMNM does not do. LMNM:
- does not buy, own or sell the vehicles listed on the Service and is not the buyer or the seller in any vehicle sale;
- does not take title to a listed vehicle because it is listed or sold through the Service;
- does not ordinarily take physical possession of listed vehicles;
- does not collect, hold or pay the purchase price of any vehicle;
- does not guarantee that a buyer or seller will complete a sale, or that every statement a seller or dealer makes is accurate; and
- does not perform a comprehensive mechanical inspection of any vehicle unless a listing or a service we sell expressly says we did.
4.3. The sale is between the buyer and the seller. Every vehicle sale made through the Service is a contract directly between the buyer and the seller. The buyer pays the purchase price to the seller. The buyer and seller are responsible for payment, transferring title, odometer and other disclosures the law requires, taxes, registration and taking delivery, as the Auction Rules and the Standard Sale Terms describe for auctions. LMNM is not a party to that contract, except for the limited authority described in the Auction Rules to run an auction, announce its result and issue the sale confirmation.
4.4. LMNM never asks you to pay a vehicle's price to LMNM. If anyone asks you to pay for a vehicle through an "LMNM escrow," "LMNM payment protection" or a similar account, it is a scam. Do not pay, and report it to support@lowmilesnomiles.com.
5. Listing information and what our labels mean
5.1. Where information comes from. Information about a vehicle comes from its seller, from a dealer's inventory feed or website, from third-party data providers, or from LMNM's own work. Listings show the source of key facts using labels like these:
- "Seller states" or "Seller reports": information the seller gave us. The seller is responsible for it.
- "Dealer provides": information from a dealer, including its inventory feed. The dealer is responsible for it.
- "LMNM verified": a specific fact LMNM checked. The label says what we checked, the method we used and the date. A verification covers only the item it describes.
- "LMNM editorial": a description or summary LMNM wrote from the seller's information, photos and documents. It is not a verification of each fact it mentions.
- Third-party reports, such as a CARFAX Report, are identified as coming from their provider (see Section 11).
5.2. What we stand behind. LMNM is responsible for statements LMNM makes, including the facts we label as "LMNM verified." We do not guarantee statements that are labeled as coming from a seller, a dealer or a third-party provider. If you believe any listing information is wrong, tell us through the Service or at support@lowmilesnomiles.com and we will review it.
5.3. Qualification is a standard, not a promise. A vehicle that meets our qualification standard is still reviewed before it appears, unless it comes from a dealer's website that LMNM has set to publish qualifying vehicles automatically (Dealer Program Terms, Section 3.2), and a vehicle outside the standard may be submitted for Exceptional Review. Meeting the standard does not entitle a vehicle to be listed, featured or promoted. Our editorial choices, such as staff picks, home page selections and LMNM's own social media posts that are not paid promotions, are made by our team and are not for sale (see Section 9).
5.4. Buyers should investigate. Before you bid or agree to buy, review the listing, ask the seller questions, review any vehicle history report, and inspect the vehicle or have it inspected by an independent mechanic of your choice. Check the vehicle's VIN for open safety recalls at nhtsa.gov/recalls, and ask the seller for the VIN if the listing does not show it.
6. Selling on LMNM
6.1. When you submit a vehicle, you agree to the Seller Certification in Schedule 1 of these Terms. You must keep your listing accurate, respond honestly to buyers' questions, and update or end your listing promptly if anything material changes or the vehicle is no longer available.
6.2. We may edit a listing for clarity, length, house style and accuracy, and we may write the description for an auction. When we write or change the facts in your listing, we will ask you to confirm them before the listing runs. You remain responsible for facts you provided or confirmed. We remain responsible for our own verification statements.
6.3. We may decline, hold, edit, unpublish or remove a listing, before or after publication, if we believe it is inaccurate, incomplete, outside our standard, unsuitable for the Service, or in breach of these Terms or the law. We will tell you why where we can. Refunds, if any, follow the Refund Policy.
6.4. Private-seller listings are for people selling vehicles they own for their own use. If you are in the business of buying and selling vehicles, you must use the Dealer Program. We may ask for more information, require you to list as a dealer, or decline listings if we believe a private seller is dealing in vehicles.
6.5. Sellers are responsible for complying with the laws that apply to the sale, including title, lien, odometer, disclosure, tax and registration requirements. Dealers also agree to the Dealer Program Terms.
7. Buying on LMNM
7.1. Classifieds. On a classified listing, the buyer and seller deal directly. A message, question or offer sent through the Service is not a binding contract to buy or sell until the buyer and seller agree on the terms between themselves. LMNM does not charge buyers a fee for buying from a classified listing.
7.2. Auctions. Bidding, reserves, the soft close, how a sale is formed, the negotiation window after a reserve is not met, the Buyer Service Fee and the temporary card authorization are governed by the Auction Rules and the Fee Schedule.
7.3. Paying for a vehicle. You pay the seller directly using a method you and the seller agree on. Use care: confirm the seller's identity and the vehicle's title status before paying, and be cautious of requests to wire money, pay with gift cards or cryptocurrency, or pay a third party.
7.4. Your rights against the other party. Using LMNM does not waive any rights a buyer and seller have against each other under their agreement or the law.
8. Fees and payment authorization
8.1. The fees LMNM charges are set out in the Fee Schedule and shown to you before you commit. The fee in effect when you commit (for example, when you submit a listing, place a bid or select a plan) applies to that commitment, subject, for a continuing dealer plan, to Section 15.3 of the Dealer Program Terms.
8.2. Card on file. When you save a payment card to your account, you authorize LMNM and our payment processor to store it securely with the processor and to charge it, without asking you again each time, for:
- fees you have agreed to pay when you confirm a purchase;
- the temporary authorization of a listing fee when you submit a listing and, if LMNM approves the listing, the charge of that fee from the authorization, without a further confirmation from you, as the Fee Schedule describes;
- the Buyer Service Fee if you become the buyer in an auction sale, including a sale agreed in the negotiation window after an auction;
- temporary card authorizations described in the Auction Rules; and
- transportation charges you confirm under the Shipping Terms.
The amount or how it is calculated, and the event that triggers each charge, are stated in the Fee Schedule, the Auction Rules or the screen where you confirm. We will tell you before we change how we use your saved card. You can remove a saved card in your account settings, but you may need a card on file to bid. LMNM does not receive or store your full card number. Except for a subscription from LMNM's earlier website, which continues as the next paragraph describes, a dealer plan is not charged to a card saved to your account: the dealership pays for it with the payment method it gives our payment processor when it buys the plan, as the Dealer Program Terms describe.
A subscription from LMNM's earlier website. A subscription you held on LMNM's earlier website continues at its existing price and billing schedule until it ends or you cancel it, charged to the card transferred from LMNM's earlier payment processor to our current one, or to another card you save for it. LMNM notifies you of the first charge on the current system only after the current website has launched publicly, and at least 7 full days before that charge, with the amount, the date, the billing schedule, and how to cancel or update your card. Until then, and if your next renewal falls less than 7 full days after that notice, the subscription renews on LMNM's earlier website at its existing price and date. A transferred card is used only to continue that existing subscription; any change to its amount, schedule or product needs your new authorization, and it is not used for any other purchase unless you confirm that in your account. Changing or removing the card does not cancel the subscription. If the card is removed or cannot be charged and no other card is saved for the subscription, the failed-payment steps in Section 10.7 of the Dealer Program Terms apply: LMNM sends notices, the payment is tried again, and you can add a card before the subscription is paused or ends. If you want to end the subscription, cancel it. Once such a subscription ends, it is not restored at its earlier price unless LMNM expressly offers that.
8.3. Fees do not include sales, use or similar taxes. Where LMNM is required to collect tax on a fee, it is shown before you confirm.
8.4. Nothing in these Terms limits any right you have under law to dispute a charge with your card issuer.
9. Featured placement, sponsored content and editorial choices
9.1. Featured is a paid placement. It is available to buy on its own or as part of a listing package, and some dealer plans include it. Every Featured placement, whether bought separately or included in a package or plan, is labeled "Sponsored" wherever it appears on the Service.
9.2. Paid promotions on social media. If a payment or a plan benefit influenced whether, or which, vehicle LMNM promotes on its social media accounts, the post is identified as a paid promotion (for example, with "Paid partnership" or "Ad").
9.3. Editorial selections such as staff picks, home page editorial sections and LMNM's own unpaid social media posts are chosen by LMNM's team. We do not sell editorial selections. If a payment or plan benefit influenced a placement or post, it is labeled as sponsored or as a paid promotion.
9.4. Featured placement and paid promotions do not guarantee any number of views, impressions, reach, followers, leads, inquiries, bids, offers or a sale. The Fee Schedule describes what Featured placement includes.
10. Vehicle transportation
If you book vehicle transportation through the Service, the Shipping Terms apply. Transportation is arranged through our transportation provider and performed by independent motor carriers. LMNM does not physically transport vehicles.
11. Third-party data and services
11.1. The Service includes information and services from third parties, such as vehicle history reports (for example, CARFAX Reports), vehicle market and sales data, payment processing, messaging delivery and transportation. Third-party providers are independent companies. LMNM does not create or control their data.
11.2. A vehicle history report is based only on information reported to its provider as of the report date. Other information about a vehicle, including accidents, damage or other problems, may not have been reported. Reports are available only for vehicles with a valid 17-character VIN (generally model year 1981 and later), and a report may not be available for every eligible vehicle. Market values and sales data are historical and informational. They are not appraisals, offers or predictions of what a vehicle will sell for.
11.3. LMNM does not guarantee the accuracy, completeness, timeliness or availability of third-party data. LMNM does not own third-party data, and these Terms do not give you any right to copy, resell, redistribute or build a database from it. Your use of it is limited to viewing it on the Service for your own personal use in buying or selling a vehicle.
11.4. CARFAX is a trademark of CARFAX, Inc. Other product and company names on the Service are the trademarks of their owners. Their use does not mean the owner sponsors or endorses LMNM, except where we say a provider supplies a feature.
12. Your content and the license you give LMNM
12.1. "Your Content" means the photos, video, text, documents, comments, messages, Garage entries, reviews and other material you post or send through the Service. You keep ownership of Your Content.
12.2. License. You grant LMNM a worldwide, non-exclusive, royalty-free, transferable license, with the right to sublicense as described below, to host, store, copy, reproduce, adapt, format, crop, resize, caption, translate, publish, distribute, display and perform Your Content:
- to operate, provide and improve the Service;
- to keep an accurate record of each vehicle's listing, auction, sale and history on the Service, including after a listing ends and after your account closes; and
- to promote the Service and the vehicle or listing Your Content relates to, including on LMNM's social media accounts, in email and in advertising for the Service.
We may sublicense these rights to our service providers so they can help us operate the Service, and to social media and advertising platforms only as needed to post or display content under this license. We will not use Your Content to advertise unrelated products or services of other companies.
12.3. Your choices. You may ask us at support@lowmilesnomiles.com to stop using photos of you or your personal content in future promotional posts or advertising. We will honor the request for future promotional use. We may keep content that is part of a vehicle's record on the Service.
12.4. Your promises. You represent that you own Your Content or have the permission needed to post it and grant this license, including from any photographer; that Your Content does not infringe anyone's rights or violate anyone's privacy or publicity rights; that you have the consent of any identifiable person shown; and that Your Content about a vehicle is accurate.
12.5. We remove location and camera metadata from photos you upload to the Service before we store them. Section 12 of the Privacy Policy explains how this applies to photos carried over from LMNM's earlier websites.
12.6. If you send us feedback or ideas about the Service, we may use them without obligation to you. This does not give LMNM ownership of any review you post. Nothing in these Terms limits your right to post an honest review.
13. Community, messages and screening
13.1. The Community Rules govern comments, the Garage, contributions, WTB ads, messages, reviews and reports.
13.2. Messages between members are private to the members in the conversation and to LMNM's moderation team. After an auction that ends below its reserve, the Service automatically screens the messages the seller and the high bidder send each other in their negotiation for contact details and for attempts to take the sale or its payment off the Service, until they agree a sale. A message that clearly tries to take the sale off the Service is not delivered, and the sender is told why. A message that only might is delivered and marked for review by a person at LMNM. The Privacy Policy explains this in more detail.
13.3. We may hold, hide, edit or remove content, and may restrict an account's ability to bid, list, comment, message or contribute, as the Community Rules describe. We keep a record of the action and the reason.
14. Copyright
LMNM respects intellectual property rights and responds to notices of claimed copyright infringement as the Copyright Policy describes. We terminate, in appropriate circumstances, the accounts of members who repeatedly infringe.
15. LMNM's content and acceptable use
15.1. The Service, its design, software, data compilations, LMNM's editorial writing and photographs LMNM takes or commissions are owned by LMNM or its licensors. "Low Miles No Miles," "LMNM" and the LMNM logo are LMNM's trademarks.
15.2. You may not:
- copy, scrape, crawl, frame, mirror or republish the Service or its data, except by sharing links or as the Service allows;
- use automated means to access the Service, place bids or send messages;
- interfere with or disrupt the Service, probe or test its security without our written permission, or get around any limit or restriction;
- use the Service to defraud anyone, launder money, or sell stolen vehicles, vehicles you have no right to sell, or anything illegal;
- manipulate an auction as the Auction Rules describe; or
- use the Service in violation of any law.
16. Suspension, restriction and closing an account
16.1. We may suspend, restrict or close an account if we believe these Terms or the law have been broken, if required by law, or if needed to protect the Service or its members. We record the reason and will tell you where we can.
16.2. You may close your account at any time by contacting support@lowmilesnomiles.com. Closing an account does not cancel obligations that already exist, such as a completed auction sale or fees already owed.
16.3. When an account closes, we keep records as the Privacy Policy's retention section describes, including the records of listings, bids, sales and other activity that other members relied on or that we need for legal, tax, security, fraud-prevention and dispute purposes. Other information is deleted or de-identified when it is no longer reasonably needed.
17. Disclaimers
17.1. Except for the statements LMNM makes itself (including facts labeled "LMNM verified") and any express promise in these Terms or the documents they include, the Service is provided "as is" and "as available." To the fullest extent the law allows, LMNM disclaims implied warranties of merchantability, fitness for a particular purpose, title and non-infringement for the Service, and does not promise that the Service will be uninterrupted or error-free.
17.2. Except for LMNM's own statements under Section 5.2, including facts labeled "LMNM verified," LMNM makes no warranty about any vehicle. Any warranty on a vehicle comes from its seller, its manufacturer or a warranty provider, and your rights against a seller depend on your agreement with the seller and the law.
17.3. Some states do not allow certain disclaimers. In those states, these disclaimers apply only to the extent the law allows.
18. Limits on liability
18.1. To the fullest extent the law allows, LMNM and its members, managers, employees and agents will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Service, even if advised of the possibility.
18.2. To the fullest extent the law allows, LMNM's total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the fees you paid LMNM in the 12 months before the event giving rise to the claim, and (b) $100.
18.3. Sections 18.1 and 18.2 do not limit liability for fraud, gross negligence or willful misconduct, LMNM's obligation to pay refunds due under the Refund Policy, or any liability that cannot be limited under applicable law. The Shipping Terms contain additional terms about transportation.
19. Indemnity
To the extent the law allows, you will indemnify and hold harmless LMNM and its members, managers, employees and agents from third-party claims, losses and expenses (including reasonable attorneys' fees) arising out of Your Content, your listings, your bids, any sale or attempted sale you take part in, or your breach of these Terms or the law, except to the extent caused by LMNM's own wrongful conduct.
20. Disputes with LMNM: informal resolution and Arbitration Agreement
Please read this section carefully. It affects your legal rights.
20.1. Which disputes this section covers. This Section 20 covers any dispute, claim or controversy between you and LMNM that arises out of or relates to the Service, these Terms or any document they include, any listing, bid, fee, charge, refund or transportation booking, or our communications with you, whether based in contract, statute, regulation, tort or any other legal theory ("Dispute"). It covers Disputes that arose before you accepted these Terms, except a Dispute that was already filed in court or arbitration, or described in a written notice to the other party, before you accepted a version of these Terms that contains this Section 20. It does not cover disputes between you and other members, such as a dispute between a buyer and a seller, which are between them.
20.2. Try to resolve it informally first. Before starting arbitration or a small claims case, the party with a Dispute must send the other a written notice describing the Dispute and the relief requested. Send notices to LMNM at legal@lowmilesnomiles.com. We will send notices to the email address on your account. Your notice must include your name, username, the email address on your account and, if you have a lawyer, your lawyer's contact information. For 45 days after the notice is received, you and LMNM will try in good faith to resolve the Dispute, and either party may ask for a call or video meeting, which the other will attend. You may have a lawyer with you. All statutes of limitations and filing deadlines are paused (tolled) from the date the notice is received until the end of this 45-day period.
20.3. Agreement to arbitrate. If the Dispute is not resolved within the 45 days, you and LMNM agree that it will be resolved by binding individual arbitration, not in court, except as Section 20.4 allows. The Federal Arbitration Act governs this Section 20.
20.4. Exceptions. Either party may instead:
- bring an individual claim in small claims court if it qualifies, and if a small claims case is transferred or appealed to a court of general jurisdiction, either party may ask that it be resolved in arbitration;
- ask a court for an injunction or similar relief to stop infringement or misuse of intellectual property, unauthorized access to the Service, scraping or security violations; or
- if you are the claimant, keep in court any claim that federal law says cannot be required to go to arbitration without your consent after the claim arises, such as a sexual harassment or sexual assault claim covered by 9 U.S.C. §§ 401 to 402.
20.5. Rules and administrator. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules, or under its Commercial Arbitration Rules if you use the Service primarily for business purposes, as modified by this Section 20. Section 20.11 explains when the AAA's Mass Arbitration Supplementary Rules also apply. The AAA's rules are available at adr.org. If the AAA is unavailable or refuses to administer the arbitration, the parties will agree on another arbitration provider, or a court will appoint one.
20.6. Fees. LMNM will pay all AAA filing, administration and arbitrator fees for an arbitration you start or we start under this Section 20, except the portion of the initial filing fee that the AAA's rules assign to you. If your claim is for $10,000 or less, LMNM will also reimburse that portion at the end of the arbitration, unless the arbitrator finds your claim was frivolous or brought for an improper purpose. Each party pays its own lawyers' fees and costs unless the arbitrator awards them under applicable law. LMNM will not seek its lawyers' fees or costs from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose.
20.7. The hearing. If your claim is for $25,000 or less, the arbitration will be decided on written submissions unless either party asks for a hearing or the arbitrator decides one is needed. Any hearing will be by video or telephone unless the arbitrator decides an in-person hearing is needed, in which case it will be held in the county where you live or in another place we agree on. The arbitrator will issue a written decision explaining the essential findings and conclusions.
20.8. The arbitrator's authority. The arbitrator may award any individual relief a court could award to an individual under applicable law, including damages, restitution and injunctive or declaratory relief limited to the individual claimant. The arbitrator decides all questions about the arbitrability of a Dispute and the scope, validity and enforceability of this Section 20, except that a court decides: (a) whether Section 20.9 (class and representative actions) is valid and enforceable and the consequences of any finding under it; (b) the application of Section 20.11 (mass filings); and (c) whether a claim falls within an exception in Section 20.4. An award has no preclusive effect in any other arbitration or proceeding involving a different member.
20.9. No class or representative actions. Jury trial waiver. YOU AND LMNM AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND LMNM WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding without both parties' written consent, except as the AAA's Mass Arbitration Supplementary Rules allow for administrative efficiency. If a final court decision holds that this Section 20.9 cannot be enforced for a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request, and only that claim or request, will be severed and decided by a court under Section 21, and it will be stayed until the individual claims in arbitration are decided. Nothing in this Section 20 allows class arbitration.
20.10. Your right to opt out. You may opt out of this Arbitration Agreement within 30 days after the date you first accept a version of these Terms that contains it (for accounts moved from LMNM's earlier websites, within 30 days after you first accept these Terms on the current Service). To opt out, send an email to legal@lowmilesnomiles.com from the email address on your account with the subject "Arbitration Opt-Out," stating your name, your username and that you opt out of the LMNM Arbitration Agreement. You do not need to give a reason. We will confirm receipt by email. Opting out does not affect any other part of these Terms. If you opt out, Section 21 governs Disputes between you and LMNM. An opt-out you made under an earlier version remains effective.
20.11. Mass filings. If 25 or more similar Dispute notices or demands are submitted by or with the assistance of the same or coordinated lawyers or organizations, the parties agree the AAA's Mass Arbitration Supplementary Rules govern their administration, and all statutes of limitations are paused for each claimant from the date its Dispute notice is received until its arbitration is administered. This section does not limit any party's right to have its own claim decided individually.
20.12. Changes to this section. If LMNM makes a material change to this Section 20, the change will not apply to a Dispute already filed or already described in a written notice before the change takes effect. You may reject the change by sending an email to legal@lowmilesnomiles.com within 30 days after you accept the new version, in which case the prior version of this Section 20 continues to apply to you.
20.13. Survival. This Section 20 survives the end of your use of the Service and the closing of your account.
21. Governing law and courts
21.1. The Federal Arbitration Act governs Section 20. Otherwise, these Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. This does not take away the protection of any consumer law of the state where you live that cannot be waived by agreement.
21.2. For any Dispute that is not decided in arbitration (including if you opt out under Section 20.10), you and LMNM agree to the exclusive jurisdiction and venue of the Circuit Court for St. Clair County, Michigan, and the United States District Court for the Eastern District of Michigan. You may, however, bring an individual claim in the small claims court for the place where you live if the claim qualifies.
21.3. JURY TRIAL WAIVER. TO THE EXTENT THE LAW ALLOWS, YOU AND LMNM WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE THAT IS DECIDED IN COURT.
22. Changes to these Terms
22.1. We may change these Terms or any document they include. Each version has a version name and an effective date, shown on the Service. The current version is always available on the Service.
22.2. If a change is material, for example a change to the fees, the Arbitration Agreement, the limits on liability, how auctions or bids work, or the license in Section 12, we will tell you at least 30 days before it takes effect where practical, and we will ask you to accept the new version before you next list, bid, make or accept offers, buy, post, message other members or book transportation. If you do not accept it, you may close your account, and the prior version continues to apply to obligations that already exist.
22.3. For other changes, such as corrections, clarifications, updated contact information or new optional features that do not reduce your rights, we will post the new version with its effective date.
22.4. A change does not apply to an auction that has already started. Changes do not apply to a fee you have already committed to pay, except that the price or other terms of a continuing dealer plan may change as provided in Section 15.3 of the Dealer Program Terms. The versions of the Auction Rules and Fee Schedule in effect when an auction starts govern that auction.
23. General terms
23.1. These Terms, together with the documents they include, are the entire agreement between you and LMNM about the Service and replace any earlier agreement about the Service, except that an arbitration opt-out under Section 20.10 remains effective.
23.2. If any part of these Terms is found unenforceable, the rest stays in effect, except as Section 20.9 provides.
23.3. If we do not enforce a term, that is not a waiver of it. You may not assign these Terms without our written consent. We may assign these Terms to a successor to the Service or to LMNM's business.
23.4. We may give you notices through the Service or by email to the address on your account. You may give LMNM legal notices by email to legal@lowmilesnomiles.com, or by mail to LMNM's registered office as listed with the Michigan Department of Licensing and Regulatory Affairs.
23.5. Neither party is responsible for failure to perform caused by events beyond its reasonable control, such as natural disasters, outages of third-party networks, or government action, except for payment obligations already due.
23.6. No one other than you and LMNM has rights under these Terms, except that the Auction Rules give the buyer and seller in an auction sale rights against each other under the Standard Sale Terms.
24. Contact
Low Miles No Miles, LLC
- General questions: support@lowmilesnomiles.com
- Auctions: auctions@lowmilesnomiles.com
- Dealers: dealers@lowmilesnomiles.com
- Billing and refunds: billing@lowmilesnomiles.com
- Privacy requests: privacy@lowmilesnomiles.com
- Legal notices, arbitration notices and opt-outs, and copyright notices: legal@lowmilesnomiles.com
Schedule 1: Seller Certification
You agree to this Seller Certification when you submit a vehicle for a classified listing or an auction. It applies to every vehicle you submit, and again each time you confirm the facts in a listing. Dealers also agree to the representations in the Dealer Program Terms.
By submitting a vehicle, you certify that:
- Ownership and authority. You own the vehicle, or you have written authority from its owner to sell it. If you are selling for someone else, you will identify the owner if we ask and provide proof of your authority.
- Title. You have, or can deliver to the buyer, the certificate of title (or the equivalent document the law requires), and you have disclosed any title brand or designation you know of, such as salvage, rebuilt, reconstructed, flood, lemon or manufacturer buyback, or "true mileage unknown."
- Liens. You have disclosed any lien, loan or security interest on the vehicle, and you will pay it off or arrange its release so that title can transfer to the buyer as the law requires.
- Odometer. The mileage you state is the vehicle's odometer reading, and you have selected the odometer status that is true to the best of your knowledge: that the mileage is the actual mileage, that it exceeds the odometer's mechanical limits, or that it is not the actual mileage (or is unknown). You have disclosed any odometer or instrument cluster repair, replacement, rollover or inaccuracy you know of. You will make the odometer disclosure the law requires when you transfer the vehicle.
- Accuracy. The year, make, model, VIN, condition, known defects, damage and accident history, modifications, service history and other material facts you provide are true and complete to the best of your knowledge. The photos you provide show the vehicle as it is now, unless you clearly say otherwise.
- Approval of LMNM's edits. You will review any description LMNM writes or edits for your listing, and you will correct anything that is not accurate before you approve it. You are responsible for the facts you approve.
- Availability. The vehicle is available for sale on the terms in your listing. You will update or end the listing promptly if it is sold elsewhere, damaged, or no longer available, or if any material fact changes.
- Honest dealing. You will not bid on your own vehicle or arrange for anyone else to, you will not use the Service to mislead buyers, and you will not ask a buyer to pay LMNM for the vehicle or to pay through an "LMNM escrow" or similar arrangement.
- Law. You will comply with the laws that apply to the sale, including title transfer, odometer disclosure, lien release, and any disclosure your state requires.
- Private sellers. If you are listing as a private seller, you are not in the business of buying and selling vehicles.
- Content. You have the rights needed to post the photos and text you provide and to grant LMNM the license in Section 12 of the Terms.
If any statement in this certification becomes untrue, you will tell LMNM and update the listing promptly.
