In order to use this website in any way, you must agree to these terms. Use of the website implies agreement to these terms. If you do not agree, you must stop using the site immediately.
FliWheel.co (also referred to as us, the website, we) is an online platform to connect US sellers and overseas buyers of automotive inventory, facilitate transactions and provide export logistics.
Types of Users
FliWheel.co clients are defined as follows:
Sign Up and Login
Offer, Negotiation and Purchase
Vehicle History Reports
Billing and Payments
Seller Vehicle Listing Requirements
All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by FliWheel.co, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, repost or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of FliWheel.co.
You acknowledge that the Content includes certain trademarks and service marks owned by FliWheel.co, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "FliWheel.co" name and logo are trademarks of GAE LLC. Other product and company names herein may be trademarks of their respective owners.
Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by FliWheel.co and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to FliWheel.co and its Affiliates a royalty free, perpetual, irrevocable, nonexclusive, fully transferable, fully Sub licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to FliWheel.co and its Affiliates a royalty free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
Given the nature of the Site and the volume of messages and postings, FliWheel.co cannot and does not monitor all of the Materials posted or transmitted by you and other thirdparty information providers. FliWheel.co reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that FliWheel.co (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold FliWheel.co, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to FliWheel.co Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password only access pages, or hidden
pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll free numbers to advertise or promote products and services to FliWheel.co advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on FliWheel.co’s hardware and software infrastructure (collectively, "Prohibited Activities").
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. FliWheel.co, ITS AFFILIATES AND THEIR RESPECTIVE THIRDPARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND , FliWheel.co, ITS AFFILIATES AND THEIR RESPECTIVE THIRDPARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. , FliWheel.co AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. , FliWheel.co CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. , FliWheel.co RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL VEHICLES ARE SUBJECT TO PRIOR SALES. , FliWheel.co DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ALL SERVICES ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRDPARTY LICENSOR" DOES NOT INCLUDE YOU.
Limitation of Liability
FliWheel.co, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRDPARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE).
Termination of Service
You understand and agree that in FliWheel.co's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and FliWheel.co may exercise any other remedy available and remove any Materials, if FliWheel.co believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of FliWheel.co, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to FliWheel.co for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that FliWheel.co post a bond. FliWheel.co is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in FliWheel.co sole discretion, you have violated these Terms of Service.
These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. FliWheel.co may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by FliWheel.co or any Affiliate. FliWheel.co and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Fulton County, Gerogia, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Fulton County, Georgia, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by FliWheel.co to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
FliWheel.co as Consignee
FliWheel.co is a service company and generally does not take title to, purchase or sell Vehicles. Rather, the Company facilitates the exchange of Vehicles between Seller and Buyer. All Vehicles offered for sale at the website by Seller are deemed consigned and are offered for sale by FliWheel.co on Seller’s behalf. FliWheel.co, at its sole discretion, reserves the right to refuse to accept or to remove from the website any Vehicles to be offered for sale. In any Vehicle purchase transaction, FliWheel.co shall not be deemed or considered the Vehicle’s Seller under any circumstances, except where FliWheel.co has specifically identified itself as Seller on the sale contract. FliWheel.co otherwise is not a party to any sale contract, but shall be deemed a third party beneficiary of such contract, entitled to the parties’ performance and to seek legal remedies for the parties’ breach.
Customer agrees to pay all fees and charges for services rendered by FliWheel.co, including but not limited to, penalties for failure to comply with various provisions, or certain convenience features, each as applicable. FliWheel.co, in its sole discretion and at any time, may add, delete, or change some or all of the Fees, as applicable. Also, FliWheel.co reserves the right to and may have arrangements with certain customers that result in reduced Fees, the payment of discounts/rebates associated with the sales of Vehicles, and/or marketing assessments in the form of premium buyer fees.
Customer warrants, represents and guarantees possession and conveyance of a certificate of title, properly executed, valid in the state where the transaction is occurring and clear of all liens and encumbrances and Customer warrants and will defend the title against the claims and demands of all person whatsoever. Customer further acknowledges that with respect to purchased Vehicles, FliWheel.co has assumed no responsibility to investigate Seller’s title or to otherwise identify defects in Seller’s title or title documents, and makes no warranty whatsoever regarding title or title documents.
FliWheel.co is not responsible for, nor does it represent or warrant (a) the accuracy of odometer mileage, (b) the information contained in the odometer mileage statement, (c) warranties of title, merchantability or fitness for a particular purpose, (d) license plates, (e) Vehicle service or maintenance history, (f) information contained in Vehicle history reports, (g) Vehicle condition, (h) year the Vehicle was manufactured, (i) the accuracy of any market information, (j) mileage and other information printed on the windows, (k) the description of the Vehicle, (l) equipment and options for the Vehicle, (m) availability or validity of factory warranty, (n) fitness of Vehicle for export, and (o) any and all representations and warranties made by or on behalf of the Seller. Customer is responsible for reviewing all disclosures, announcements and information relative to a Vehicle’s condition prior to making a purchase.
Delivery of Vehicle and Title
Buyer is liable for all expenditures, mileage, wear, damage, and all other losses to a Vehicle after it is purchased. FliWheel.co is not liable for any expense whatsoever incurred by Buyer in the event title is not delivered. Customer assumes all risk of loss related to or arising from titles or related documents lost, destroyed, or erroneously completed by the governmental agency processing a title, or any title lost in transit, whether sent by postal service or other courier. Buyer is responsible for verifying that the Vehicle satisfies all export requirements of the originating country and all import requirements of the destination country. In the event a Vehicle does not meet export requirements, Buyer is responsible for all fees and any loss incurred on the resale of the Vehicle.
If Customer has consigned a Vehicle for sale at FliWheel.co and it sells outside of FliWheel.co, it is Customer’s sole responsibility to notify us promptly of the Vehicle’s prior sale and to request that the Vehicle be pulled from any on-line listing. If Seller fails to timely notify FliWheel.co, resulting in the Vehicle’s sale by FliWheel.co (a “double sale”), Seller shall be solely responsible for a double sale fee along with any and all resulting losses from the double sale, including but not limited to all fees owing to FliWheel.co arising from it’s sale of the Vehicle (including buyer fees, off-site Vehicle sale proceeds if already paid and reasonable attorney fees), and all other incidental or consequential damages suffered by FliWheel.co, Buyer, or Seller’s purchaser.
At Seller’s option, Seller may assign a “fixed price” to any consigned Vehicle by which a potential Buyer will have the option to “Buy Now” at the stated price, without further competitive bidding. Seller’s designation of a fixed price shall be deemed a binding offer to sell at that price. Buyer’s making an offer at that price shall be deemed a binding acceptance of the sale at the designated fixed price. The fixed price designation may be withdrawn or modified by Seller at any time before a Buyer has indicated agreement to purchase the Vehicle at the fixed price. Once Seller has withdrawn or modified a fixed price, it is not required to accept any subsequent offer at the previously fixed price.
Risk of Loss
Risk of Loss. Except as otherwise expressly provided in these Terms and Conditions, the risk of loss for a Vehicle shifts from the Seller to the Buyer upon the closing of the sale.