Terms of Use

1. Introduction and acceptance

1.1 About these Terms

These Terms of Use (the “Terms” or this “Agreement”) are a binding agreement between RumbleSeat LLC, a New Mexico limited liability company (“RumbleSeat,” “we,” “us,” or “our”), and you. They govern your access to and use of the Site, the Platform, and the Services.

“Site” means rumbleseat.com, app.rumbleseat.com, and any other website, web page, or mobile application that RumbleSeat operates, hosts, or powers in the United States, including any such site presented under the name, branding, or internet domain of a car club or other organization for which RumbleSeat provides the Platform (each, a “Club Site”). A club’s membership rules, bylaws, codes of conduct, or similar policies do not displace these Terms as to any Club Site. “Services” means the services RumbleSeat provides through the Site or other channels, including user accounts, the “Garage” vehicle-record tools, club creation and management, discussion forums, messaging, the Marketplace, and optional payment processing. “Platform” means the RumbleSeat software platform together with the Site and Services. “Content” means any information, text, images, vehicle records, listings, or other material submitted to or made available through the Services. “User,” “you,” or “your” means any person who accesses or uses the Site or Services.

1.2 Acceptance of these Terms

By checking the box presented during registration, creating an account, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not check the box and do not access or use the Services.

1.3 Changes to these Terms

RumbleSeat may modify these Terms from time to time. If a change is material, we will provide notice by posting the updated Terms with a new effective date, by posting notice on each Club Site where these Terms are linked, and by email to the address associated with your account. Material changes take effect thirty (30) days after notice. Changes are prospective only and do not apply to any dispute that arose before the effective date. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms; if you do not agree, you must stop using the Services.

1.4 Privacy

Your use of the Services is also governed by the RumbleSeat Privacy Policy, which is incorporated into these Terms by reference. Section 7 describes how we treat your personal information.

2. The Services

2.1 Overview

RumbleSeat offers a software platform for vehicle and hobby enthusiasts, including account creation; vehicle record and maintenance tracking through a Garage page; club creation and management, including discussion forums; messaging between Users; listings of vehicles and parts for sale or auction; and optional payment processing provided through one or more third-party processors. RumbleSeat may add, change, or discontinue features of the Services at any time.

2.2 Limitations of the Services

We do not verify or confirm Content uploaded by Users, including documentation relating to vehicle authenticity, maintenance, or provenance. We do not provide vehicle dealer, broker, auctioneer, or escrow services, do not provide vehicle maintenance recommendations, and do not buy, sell, or resell vehicles or parts. To the fullest extent permitted by law, we disclaim all warranties of merchantability, non-infringement, and fitness for a particular purpose for any Content or items available through the Platform. RumbleSeat is not responsible for the conduct, whether online or offline, of any User.

2.3 Accounts

You may be required to register an account to use certain Services. You agree to provide accurate information, to keep it current, and to keep your credentials confidential. You are responsible for all activity under your account and for your account settings, including settings affecting the visibility of your information and Content. RumbleSeat may, in its sole discretion, review, edit, or remove Content that violates these Terms or that may be offensive, illegal, or harmful.

2.4 Garage

You are solely responsible for the Content you add to your Garage, including its completeness and accuracy. The Garage is intended as a supplemental digital archive; you should not rely on it as your sole record of provenance materials or maintenance records. RumbleSeat does not provide vehicle maintenance or repair services or recommendations.

2.5 Clubs and Club Sites

Users may create and join clubs on the Platform. For a club created by a User, the club host is responsible for moderating Content and managing membership, and is not an employee, agent, or contractor of RumbleSeat.

RumbleSeat also provides the Platform to car clubs and other organizations under a separate written agreement, and such a club may present the Platform under its own name and internet domain. When you use a Club Site you are using RumbleSeat’s Services, and these Terms and the RumbleSeat Privacy Policy govern your account, your Content, the Marketplace, forums, registry, messaging, and every other feature RumbleSeat provides, wherever those features appear. Your membership in the club is a separate relationship between you and that club, which sets its own membership requirements, dues, and rules. RumbleSeat is not a party to your membership and does not control the club’s decisions about admission, removal, or discipline. Where a club’s rules and these Terms conflict as to your RumbleSeat account, your Content, or any Marketplace transaction, these Terms control.

RumbleSeat reserves the right to review discussion boards, remove Content, and suspend or terminate any club or Club Site in its sole discretion.

2.6 Marketplace

The Platform may be used to facilitate the sale and purchase of vehicles, parts, and related items (each, a “Listing”), including fixed-price classified Listings and timed-bidding Listings (“Auctions”). RumbleSeat provides the Platform as a venue only. RumbleSeat is not the buyer, seller, agent, broker, auctioneer, or escrow agent in any transaction, does not take title to or possession of any item, and does not guarantee that any transaction will be completed. Each transaction is solely between the buyer and the seller. You are solely responsible for coordinating payment (except where RumbleSeat or its payment processor facilitates payment), transport, and delivery. By creating a Listing, you acknowledge full responsibility for the item and the accuracy of the Listing and agree to honor any resulting sale, including, for an Auction, any sale resulting from the highest qualifying bid at the close of bidding. By placing a bid in an Auction, you make a binding offer to purchase the item at the bid amount, subject to these Terms, the Fee Schedule, and the Auction Buyer Premium described in Section 6. RumbleSeat reserves the right to remove, suspend, or terminate any Listing, Auction, or bid in its sole discretion.

2.7 Eligibility

The Services are available only to individuals who are 18 years of age or older, who are located in the United States or Puerto Rico, who are not competitors of RumbleSeat, and who have the legal capacity to enter into these Terms. By using the Services, you represent that you meet these requirements, and RumbleSeat reserves the right to refuse or terminate access in its sole discretion if it determines you do not.

3. Your Content

3.1 Ownership

You retain ownership of the Content you submit. RumbleSeat does not claim ownership of your Content.

3.2 License to RumbleSeat

You grant RumbleSeat a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, use, reproduce, display, perform, adapt, and distribute your Content for the purpose of operating, providing, securing, promoting, and improving the Services. For Content you make public (such as public Listings or public club posts), this license continues as reasonably necessary even after termination; for non-public Content, the license ends within a reasonable period after you delete the Content or your account, except for copies retained for legal, backup, or security purposes.

3.3 Your representations

You represent and warrant that you own or have all rights necessary to submit your Content and to grant the license above, that your Content and any Listing are accurate and not misleading, and that your Content does not violate any law or infringe or misappropriate the rights of any third party.

3.4 Removal

RumbleSeat may, but is not obligated to, review, screen, edit, or remove any Content at any time in its sole discretion.

4. Prohibited uses

You agree that you will not:

• use the Platform for any fraudulent or unlawful purpose, or to harass, abuse, threaten, or harm another person or group;
• provide false or inaccurate information, or impersonate any person or entity;
• interfere with, disrupt, or circumvent the proper functioning, security, or access restrictions of the Services;
• scrape, crawl, harvest, data-mine, or make automated use of the Services, or collect Content, Listings, or User information by automated means, without RumbleSeat’s prior written consent;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of, or copy any feature of, the Platform;
• circumvent, evade, or attempt to avoid any Fee or the Auction Buyer Premium, including by arranging or completing a transaction off-platform to avoid fees;
• use the Services to advertise or solicit for unrelated commercial purposes, transmit spam, or publish or link to malicious or infringing content; or
• list or transact in any item that is illegal or prohibited by applicable law or by RumbleSeat policy.

5. Suspension and termination

5.1 Suspension and termination by RumbleSeat. RumbleSeat may suspend, restrict, or terminate your account and your access to all or part of the Site and Services at any time, for any reason or no reason, with or without cause and with or without notice, in its sole discretion, and without liability to you or any third party. Reasons may include, without limitation, a violation of these Terms, conduct that RumbleSeat believes may harm RumbleSeat, other Users, or third parties, or a determination that you are not eligible to use the Services.

5.2 Termination by you. You may stop using the Services at any time and may request closure of your account through your account settings or by contacting RumbleSeat.

5.3 Effect of termination. Upon termination, your right to access and use the Services ceases immediately. RumbleSeat may, but is not obligated to, delete or retain your Content as described in the Privacy Policy and applicable law. Termination does not entitle you to any refund except as expressly provided in Section 6, and does not relieve you of obligations (including payment obligations and any Auction Buyer Premium) incurred before termination.

5.4 Survival. The provisions that by their nature should survive termination will survive, including Sections 3.2 (as limited), 6, 7, 10, 11, 13, 14, and 15.

6. Fees, billing, and refunds

6.1 Fee Schedule. RumbleSeat may charge fees in connection with the Marketplace and other Services, including listing fees, the Auction Buyer Premium, and payment-processing or related surcharges (collectively, “Fees”). All Fees are set forth in RumbleSeat’s then-current Fee Schedule, published at rumbleseat.com/legal/fee-schedule (the “Fee Schedule”), which is incorporated into these Terms by reference and which RumbleSeat may update from time to time in accordance with Sections 1.3 and 6.6.

6.2 Listing fees. RumbleSeat may charge a fee to create or maintain certain Listings, as set forth in the Fee Schedule. RumbleSeat may waive, discount, or offer promotional pricing on any Fee in its discretion; any such waiver or promotion applies only as stated and does not waive RumbleSeat’s right to charge the Fee thereafter.

6.3 Auction Buyer Premium. For any item sold through an Auction, the winning bidder (the “Buyer”) agrees to pay a buyer premium (the “Buyer Premium”) calculated as set forth in the Fee Schedule, in addition to the winning bid amount. By placing a bid, the Buyer authorizes RumbleSeat and its payment processor to charge and collect the Buyer Premium upon the close of a successful Auction. The Buyer Premium is owed to RumbleSeat for use of the Platform and is separate from any amount owed to the seller.

6.4 Payment processing. Where you elect to use RumbleSeat’s optional integrated payment service, additional payment-processing fees or surcharges may apply as set forth in the Fee Schedule. Payment processing is provided through one or more third-party processors, and your use of those services may be subject to the processor’s own terms.

6.5 Authorization to charge; taxes. You authorize RumbleSeat and its payment processor to charge the payment method you provide for all applicable Fees. RumbleSeat will disclose applicable Fees before you incur them. Fees are exclusive of, and you are responsible for, any applicable sales, use, or other taxes, except taxes based on RumbleSeat’s net income.

6.6 Changes to fees and pricing. RumbleSeat may establish, change, increase, decrease, add, or discontinue any Fee or pricing for the Services at any time and for any reason, in its sole discretion. Changes take effect prospectively when RumbleSeat updates the Fee Schedule or otherwise provides notice, and apply to Services rendered, and transactions entered into, on or after the effective date. Changes do not affect Fees already incurred or amounts already paid for a current billing period. RumbleSeat is under no obligation to maintain any price, promotional rate, or fee waiver. Your continued use of the Services after a change takes effect constitutes acceptance of the change; if you do not agree, your remedy is to stop using the affected Services.

6.7 Refunds. Except as required by applicable law or as expressly provided in the Fee Schedule, all Fees and other payments for the Services — including listing Fees and the Auction Buyer Premium — are non-refundable, and there are no credits for unused or partially used Services or cancellations, except in RumbleSeat’s sole discretion.

7. Privacy and your information

7.1 Privacy Policy. RumbleSeat uses the information you provide in accordance with our Privacy Policy, which is incorporated into these Terms by reference and is the controlling, detailed description of our data practices and your choices.

7.2 Advertising and your privacy choices. RumbleSeat uses analytics and advertising partners, including to deliver advertising for our own Services to you across other websites and applications (sometimes called retargeting). Under some state privacy laws, this activity may be considered a “sale” or “sharing” of personal information. We do not sell your personal information for money, and we do not disclose your personal information to third parties for their own independent purposes. You can learn how we use your information and exercise your privacy choices — including how to opt out of the sale or sharing of your personal information — in our Privacy Policy.

8. Electronic communications

8.1 Service communications. By using the Site or Services, you consent to receive communications from RumbleSeat electronically — including notices, disclosures, and transactional messages relating to your account and the Services — by email, in-app message, or text message to the contact information associated with your account, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing.

8.2 Marketing communications. Marketing calls and text messages, where offered, are sent only with your separate prior express consent, which you may withdraw at any time. For text-message programs, message frequency varies, message and data rates may apply, and you may reply STOP to opt out or HELP for help.

9. Age restrictions

The Services are intended only for individuals 18 years of age or older. Individuals under 18 are not permitted to use the Services. RumbleSeat does not knowingly collect personal information from anyone under 18, and in no event from any child under 13. If we learn that we have collected information from a person who does not meet the age requirement, we may terminate the account and delete the information.

10. Disclaimers; limitation of liability; indemnification

10.1 No warranty. The Site, Platform, Services, and all Content are provided “as is” and “as available.” To the fullest extent permitted by law, RumbleSeat does not warrant that the information and materials are accurate, adequate, or complete; that your use will be secure, uninterrupted, always available, or error-free; or that the Services are free of viruses or harmful components. RumbleSeat disclaims all warranties, express or implied, including fitness for a particular purpose and non-infringement.

10.2 Assumption of risk. You assume all risk arising from your use of the Platform, Site, and Services, including all risks associated with any online or offline interactions with other Users.

10.3 Limitation of liability. To the fullest extent permitted by applicable law, in no event will RumbleSeat be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, or for lost profits or data, arising out of or relating to the Services. RumbleSeat’s total aggregate liability for all claims relating to the Services will not exceed the greater of (a) the amounts you paid to RumbleSeat in connection with the Services giving rise to the claim in the twelve months before the claim arose, or (b) US $100. Some jurisdictions do not allow certain limitations, and nothing in these Terms limits liability that cannot be limited by law (such as for fraud or willful misconduct).

10.4 Time limit for claims. Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law.

10.5 Release. You release RumbleSeat from any claim or controversy arising out of the actions of, or your relationship with, any other User, and you agree to take reasonable precautions in all interactions with other Users, particularly if you meet offline.

10.6 Indemnification. You agree to indemnify, defend, and hold harmless RumbleSeat and its affiliates from any claims, losses, expenses, or liabilities arising out of the Content you submit, your use of the Services in violation of these Terms or applicable law, any relationship with another User, or any act or omission by you. RumbleSeat may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

11. Intellectual property; copyright complaints

11.1 RumbleSeat property. The Platform, including its software, design, trademarks, and content created by RumbleSeat, is owned by RumbleSeat or its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you, no rights are granted.

11.2 Copyright notices (DMCA). RumbleSeat responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe materials on the Site infringe your copyright, you may submit a notice to our designated agent through our DMCA form or at the address in Section 16, including the information the DMCA requires.

11.3 Counter-notification. If your Content was removed and you believe the removal was in error, you may submit a counter-notification to the designated agent containing the information the DMCA requires.

11.4 Repeat-infringer policy. It is RumbleSeat’s policy, in appropriate circumstances and in its sole discretion, to disable or terminate the accounts of Users who are repeat infringers of intellectual-property rights.

12. Links to external sites

Links from the Site to external sites do not constitute an endorsement by RumbleSeat. You access external sites at your own risk, and RumbleSeat disclaims any liability arising from your use of any linked site.

13. Dispute resolution; arbitration; class-action waiver

This Section affects your legal rights. Please read it carefully.

13.1 Informal resolution. Before initiating arbitration, you and RumbleSeat agree to first try to resolve any dispute informally by sending a written notice of dispute to the other party (to RumbleSeat at the address in Section 16) describing the dispute and the relief sought. If the dispute is not resolved within 60 days, either party may proceed to arbitration.

13.2 Binding arbitration. Except for the claims described in Section 13.4, you and RumbleSeat agree that all disputes arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules, before a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve any dispute about the formation, scope, interpretation, applicability, or enforceability of this arbitration agreement.

13.3 Class-action waiver. You and RumbleSeat agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. This Section 13.3 is a material part of this arbitration agreement; if it is found unenforceable, the entire arbitration agreement in this Section 13 is void, and this Section 13.3 is not severable.

13.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual-property rights.

13.5 Opt-out. You may opt out of this arbitration agreement by sending written notice, postmarked within 30 days of your first acceptance of these Terms, to RumbleSeat at the address in Section 16. The notice must state that you opt out of the arbitration agreement and include your name, address, the email address(es) associated with your account, and your signature.

14. Governing law and venue

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 13 and except where overridden by non-waivable consumer-protection laws of your state of residence. To the extent any dispute is not subject to arbitration, it must be resolved exclusively in the state or federal courts located in Albuquerque, New Mexico, and you consent to their jurisdiction.

15. General

15.1 Entire agreement. These Terms, together with the Privacy Policy and the Fee Schedule, are the entire agreement between you and RumbleSeat regarding the Services and supersede prior discussions. Any separate written addendum signed by RumbleSeat controls over these Terms to the extent of a conflict, for the matters it addresses.

15.2 Assignment. RumbleSeat may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights or obligations without RumbleSeat’s prior written consent.

15.3 Feedback. If you provide feedback or suggestions about the Services, RumbleSeat may use them without any obligation or compensation to you.

15.4 Force majeure. RumbleSeat is not liable for any delay or failure to perform resulting from causes beyond its reasonable control.

15.5 Notices. RumbleSeat may provide notices to you by email to the address associated with your account, by posting within the Services, or by posting on the Site. Notices to RumbleSeat must be sent to the address in Section 16.

15.6 No waiver. RumbleSeat’s failure to enforce any provision is not a waiver of its right to do so later.

15.7 No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

15.8 Relationship of the parties. Nothing in these Terms makes either party the partner, joint venturer, agent, or employee of the other.

15.9 Severability. If any provision other than Section 13.3 is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect. Section 13.3 is governed by Section 13.3.

15.10 Headings; survival. Headings are for convenience only. Provisions that by their nature should survive termination will survive.

16. Contact information

Questions about these Terms? Reach us at:

RumbleSeat LLC
6203 Menaul Blvd NE, Albuquerque, NM 87110
contact@rumbleseat.com