By accessing or using Smeeper, you agree to be bound by these Terms of Use and all policies incorporated by reference, including our Privacy Policy. If you do not agree, do not use this platform.
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Smeeper ("Smeeper," "we," "us," or "our") governing your access to and use of the website located at smeeper.com and all related services, features, content, and applications (collectively, the "Platform"). By creating an account, posting a listing, or otherwise accessing or using the Platform in any manner, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Platform on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.
The Platform is intended solely for users who are eighteen (18) years of age or older. By accessing the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract, and that your use of the Platform does not violate any applicable law or regulation. We do not knowingly collect personal information from persons under the age of 18. If we learn that a user is under 18, we will terminate that user's account immediately. The Platform is operated from the United States and is intended for use by residents of the United States only.
Smeeper is an online classified advertising platform that enables registered users to post listings for used motor vehicles and to communicate with other registered users in connection with potential private-party vehicle sales. Smeeper is not a licensed motor vehicle dealer, broker, auction house, or party to any transaction between users. We do not inspect, certify, appraise, title, or guarantee any vehicle listed on the Platform. We do not handle, escrow, process, or facilitate payment of any kind for any transaction. We do not verify the identity of users, the accuracy of listings, the condition or history of any vehicle, the validity of any title, or the legality of any contemplated transaction. All transactions are private-party transactions conducted exclusively between buyer and seller.
To access certain features of the Platform you must register for an account. You agree to provide accurate, current, and complete information and to maintain and promptly update that information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your credentials. We reserve the right to suspend or terminate any account at any time, with or without notice, for any reason or no reason, including violation of these Terms.
5.1 License. By submitting, posting, or displaying any content on the Platform, including photographs, descriptions, and pricing information ("User Content"), you grant Smeeper a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating and improving the Platform. You retain all ownership rights in your User Content.
5.2 Seller Representations. By posting a listing, you represent and warrant that: (a) you own the vehicle or have express legal authority to sell it on behalf of the owner; (b) all information in the listing is accurate, complete, and not misleading in any material respect; (c) the vehicle's title status is accurately disclosed, including any salvage, rebuilt, flood, lemon law buyback, junk, or other branded title designations required by applicable state law; (d) the vehicle is not subject to any undisclosed lien, encumbrance, or security interest that would impair legal transfer of clear title; (e) the vehicle has not been reported stolen; (f) the odometer reading is accurately disclosed as required by the Federal Odometer Act (49 U.S.C. § 32701 et seq.) and applicable state law; (g) you will comply with all federal, state, and local laws governing the private sale of a motor vehicle, including applicable as-is disclosure requirements; and (h) you are not a licensed motor vehicle dealer conducting dealer activity on the Platform without our prior written authorization.
5.3 Prohibited Content. You may not post content that is false, fraudulent, misleading, or deceptive; describes a vehicle you do not own or lack authority to sell; contains another person's personal information without their consent; infringes any third-party intellectual property right; is defamatory, harassing, or obscene; contains malware or phishing links; or violates any applicable law or regulation.
You agree not to: (a) use the Platform for any unlawful purpose; (b) post listings for stolen vehicles or vehicles with altered, removed, or falsified VINs; (c) misrepresent the title status, odometer reading, condition, history, or any material fact about a vehicle; (d) engage in fraud, deceptive trade practices, or any scheme to defraud other users; (e) impersonate any person or entity; (f) scrape, crawl, or systematically extract data from the Platform without our express written consent; (g) transmit spam or unsolicited commercial communications; (h) circumvent or interfere with any security feature of the Platform; (i) harass, threaten, or harm any other user; or (j) create multiple accounts to circumvent a suspension or ban.
SMEEPER IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS. ALL SALES ARE PRIVATE-PARTY TRANSACTIONS CONDUCTED ENTIRELY BETWEEN BUYER AND SELLER. SMEEPER DOES NOT PARTICIPATE IN, GUARANTEE, OR ACCEPT ANY RESPONSIBILITY FOR ANY ASPECT OF ANY TRANSACTION, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY LISTING, THE CONDITION OR TITLE STATUS OF ANY VEHICLE, PAYMENT, TITLE TRANSFER, REGISTRATION, OR ANY DISPUTE ARISING THEREFROM. You are solely responsible for conducting your own due diligence, verifying the identity and authority of any counterparty, and complying with all laws applicable to any vehicle purchase or sale in your jurisdiction. Disputes between users are solely between those users; Smeeper has no obligation to mediate or become involved.
Smeeper is an interactive computer service as defined in 47 U.S.C. § 230(f)(2). We are not the publisher or speaker of any User Content posted by third-party users. Pursuant to 47 U.S.C. § 230(c), we are not liable for any User Content posted by users of the Platform, and our exercise of editorial discretion in removing or declining to remove content does not affect this protection.
The Platform and all content created by Smeeper — including software, design, graphics, and text (excluding User Content) — is owned by Smeeper and is protected by applicable intellectual property law. You may not reproduce, distribute, modify, or create derivative works from any Smeeper-owned content without our express written permission. The Smeeper name and logo are proprietary marks of Smeeper. Nothing in these Terms grants you a license to use our trademarks or intellectual property.
If you believe that content on the Platform infringes your copyright, submit a written notice to legal@smeeper.com containing: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material with sufficient detail to locate it; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature. We will respond to valid DMCA notices in accordance with 17 U.S.C. § 512.
Your use of the Platform is subject to our Privacy Policy, incorporated herein by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMEEPER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY LISTING, USER CONTENT, OR OTHER INFORMATION ON THE PLATFORM. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMEEPER, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY TRANSACTION BETWEEN USERS, OR ANY USER CONTENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMEEPER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).
Certain states, including but not limited to New Jersey and Massachusetts, do not allow the exclusion of implied warranties or the limitation of certain damages for consumers. If you reside in such a jurisdiction, some of the above limitations may not apply to you, and your rights may vary accordingly.
You agree to indemnify, defend, and hold harmless Smeeper and its owners, officers, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) any listing you post; (c) any transaction you enter into through or in connection with the Platform; (d) your violation of these Terms; (e) your violation of any applicable law or regulation; (f) your violation of any third party's rights; or (g) any User Content you submit. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you.
15.1 Informal Resolution. Before initiating any formal proceeding, you agree to contact us at legal@smeeper.com with a written description of the dispute and your desired resolution. We will attempt to resolve the dispute informally within thirty (30) days of receipt.
15.2 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform — including questions of arbitrability — shall be finally resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The arbitration shall be conducted in English on a documents-only basis for claims under $10,000 unless either party requests an in-person hearing. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.3 Class Action Waiver. YOU AND SMEEPER EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. THIS CLASS ACTION WAIVER IS A MATERIAL TERM OF THESE TERMS AND CANNOT BE SEVERED FROM THE ARBITRATION AGREEMENT.
15.4 Exceptions. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this section prevents you from filing a complaint with a state attorney general, consumer protection agency, or other governmental body.
15.5 Opt-Out. You may opt out of the binding arbitration agreement by sending written notice to legal@smeeper.com within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your name, the email address associated with your account, and an unambiguous statement that you wish to opt out of arbitration.
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law rules. To the extent any claim or dispute is not subject to arbitration under Section 15, you consent to exclusive jurisdiction and venue in the state or federal courts located in Letcher County, Kentucky, and waive any objection to such venue on the basis of inconvenient forum or otherwise.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date above and, where practicable, by sending notice to your registered email address. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Platform.
We may suspend or terminate your access to the Platform at any time with or without cause and with or without notice. Upon termination, your license to use the Platform terminates immediately. The following sections survive any termination: 5.1, 7, 8, 9, 12, 13, 14, 15, 16, and 19.
Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Smeeper with respect to the Platform and supersede all prior agreements and understandings. Severability. If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force. No Waiver. Failure to enforce any provision does not constitute a waiver of that provision. Assignment. You may not assign these Terms without our prior written consent. We may assign freely. No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on third parties. Electronic Communications. You consent to receive required notices and communications from us electronically, and agree that such communications satisfy any legal writing requirement.
Legal notices, DMCA claims, and compliance matters: legal@smeeper.com
General support: hello@smeeper.com