Terms & Conditions

Please read the terms and conditions (“Terms of Use”) carefully before accessing and using the The Big Lot website (“The Big Lot,” “our,” “us”, "LaBS" and “we”), which governs your use of this website.

These Terms and Conditions apply to the exclusion of any other terms which may be expressed or implied.

About The Big Lot

The Big Lot is an online service where vehicle owners can get a guaranteed cash offer for a vehicle they wish to sell. On The Big Lot website, you can submit information about your vehicle to receive a no-obligation but guaranteed cash offer through our partners. By using The Big Lot, you acknowledge that some vehicles may not qualify as per the terms and conditions of our partners. Offers to purchase are not made by The Big Lot, but by Honda World (dealership).

Acceptance of these Terms and Conditions

By using The Big Lot, you confirm that you accept the Terms of Use and that you agree to comply with it. If you do not agree to these Terms of Use, you must not use The Big Lot.

Other Terms and Conditions

Our Privacy Policy, Data Protection and Cookies Policy, which set out the terms and conditions on which we process any personal data that we may collect from you, or that you provide to us, and information about the cookies on The Big Lot, can be found here. By using The Big Lot, you consent to such processing and you warrant that all data provided by you is accurate and up-to-date.

Changes to these terms and conditions

We may modify or amend these Terms of Use from time to time. Every time you wish to use The Big Lot website, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. These terms were most recently updated on August 6, 2020. We may update The Big Lot website from time to time, and may change the content at any time without notice. However, if any of the content on The Big Lot website is out of date at any given time, we are under no obligation to update it. We do not guarantee that The Big Lot website, or any content on it, will be free from errors or omissions. Your use of The Big Lot website confirms that you agree to the terms and conditions, as modified.

Our Services

The The Big Lot website provides the following Services:

- Submits your personal contact details in order for us or our Partners to contact you about your car valuation, and/or a potential transaction regarding your vehicle. The Big Lot services and drop off locations are available in the following states: Kentucky. By submitting your details to us, you warrant that you reside in the United States and that the details you provide to us are true, accurate, complete and current. If you are submitting information via The Big Lot about a car you do not own, or on behalf of another person, you warrant that you have all the requisite permissions necessary to provide us with such information to use in accordance with these Terms and Conditions. By submitting your phone or mobile number to us, you acknowledge, agree, represent, and warrant that you are the registered owner of such number and further agree that we or our Partners and affiliates may contact you by texts or calls which may include marketing and be by autodialer or pre-recorded messages. Consent is not required to purchase goods or services. Standard message and data rates may apply.

You accept that any online valuation shown on The Big Lot website is informational only and is based on a set of assumptions about your vehicle. You understand that the actual price offered and/or paid for your vehicle by a Partner may change following further discussion with, or inspection of the vehicle by, one of our Partners. Submitting your details to The Big Lot website does not obligate or bind you to sell your vehicle to any of our Partners. Similarly, submitting your details to The Big Lot website does not obligate or bind any of our partners to purchase your vehicle. Specific services that we offer, or make available to you from time to time, through the LaBS website may also be governed by additional or alternative terms and conditions with us, or other third parties (including third party privacy policies). Please review these additional terms and conditions carefully when using those services.

The Big Lot is not responsible for any activities you engage in with or any communications you might have with our partners and any other third-party on or through the use of the services offered by The Big Lot or communicate with them through the use of The Big Lot Website.

These Terms of Use do not apply to any service that might be offered by any partner and/or third-party through this website and does not govern the practices of such partners and/or third-parties. When utilizing services provided by any of our partners and/or third-parties, you should read the relevant terms and conditions regarding use of such services from our partners and/or third-parties.

No Offers you make or receive through the Website are binding on any Third Party unless you enter into a separate agreement with them for your desired third party services. Your use of third party services is subject to an independent agreement with the applicable third party providing such third party services and is not governed by these Terms of Use. Please carefully read all agreements, order forms and commitments you enter into with a third party for third party services. You agree that all such agreements, order forms and commitments are your sole responsibility.

Our Partners

You acknowledge that the valuations on The Big Lot website are offers from our third party Partners, not from us. You are not contracting directly with us for the provision of any car buying services and those services do not form any part of the Services and we are not a party to your transaction with any Partner. As such, we do not make any representations, guarantees or warranties of any kind that the prices provided to us by our Partners are accurate, or representative of the true value of your car. When you request a car valuation, your details (including certain information we collect about you through your use of The Big Lot website in accordance with our Privacy Policy) may be passed to the relevant Partner that we deem most suited to your vehicle. You agree that the relevant Partner may contact you to further discuss your car and agree to a purchase price should you wish to proceed with the sale. Use of The Big Lot website in no way obligates you to accept a price offered by any of our Partners. All communications between you and any of our Partners is subject to the terms and conditions of that Partner, and we accept no responsibility for any deal, car purchase, payment or disputes that may arise between you and the Partner.

Access to The Big Lot

We do not guarantee that The Big Lot website, or any content on it, will always be available or be uninterrupted. Access to The Big Lot website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of The Big Lot website without notice. We will not be liable to you if for any reason The Big Lot website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to The Big Lot website. Our services are not suitable for those under eighteen years of age and, as such, by using The Big Lot website you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use The Big Lot website with legal parental or guardian consent. In order to protect the integrity of The Big Lot website, The Big Lot reserves the right at any time and at its sole discretion to block Members from specific IP addresses from accessing The Big Lot website. The Big Lot does not warrant or guarantee that The Big Lot website, or any of its content, or any of its functionalities and services is or will be accessible and/or legally permissible outside of the United States. You acknowledge and agree that if you choose to access the Service from outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.

Access to third-party content and websites

The Big Lot may provide content from third-party on the website and may link to third-party websites and content as a service to site visitors interested in this information. The Big Lot, makes no representation, does not warranty, has no control and does not endorse or adopt any content and/or websites from third-party Therefore The Big Lot cannot be responsible for any third-party content and/or website. Access and use of third-party content and/or websites including the information, materials, products, and services is solely at your own risk.

Viruses, Malware and Security

We will exercise all reasonable diligence to ensure that The Big Lot website is secure and free from viruses and other malware. You are responsible for protecting and configuring your information technology, computer programs and platform to access The Big Lot website. You should use your own virus protection and security software. You must not misuse The Big Lot website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to The Big Lot website, the server on which The Big Lot website is stored, or any server, computer or database connected to The Big Lot website. You must not attack The Big Lot website via a denial-of-service attack or a distributed denial-of service attack or any similar attack.

Privacy

We only use your information as described in our Privacy Policy and these Terms of Use. Our current Privacy Policy is available here. We may change the Privacy Policy in the future. You should check the Privacy Policy often.

Intellectual Property Rights

The Big Lot retains all proprietary rights in The Big Lot website, except where otherwise noted. All logos, texts, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, JavaScript, ActionScript and XML) (together being the "Content") including but not limited to the design, structure, general “look and feel” of The Big Lot website, is owned or licensed by or to The Big Lot and is protected by various intellectual property and copyright laws.

Except as otherwise declared within these Terms of Use, no part of The Big Lot website may be copied, reproduced, republished, posted, uploaded or otherwise duplicated on any other computer, server or website for commercial enterprise, without the prior written consent of The Big Lot. If you print off, copy or download any part of the LaBS website in breach of these Terms of Use, your right to use The Big Lot website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Indemnification

You agree to indemnify, defend and hold us, our Partners, and each of our and their respective officers, owners, directors, members, employees, independent and sub-contractors, affiliates, agents, representatives, successors and assigns (collectively, "Indemnitees") harmless from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation and/or use of the website, unauthorized of the website, breach or alleged breach of these terms of use, or from any of your acts or omissions in connection with the LaBS website.

Disclaimer of Warranty and Exclusion of Liability

IN NO EVENT SHALL THE INDEMNITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE INDEMNITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. THESE TERMS OF USE EXPRESSLY EXCLUDE OUR LIABILITY FOR PROPERTY DAMAGE.

NO RELIANCE ON INFORMATION PROVIDED CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE WEBSITE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MAT[IM12] ERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE HAVE NO RESPONSIBILITY TO CHECK THE ACCURACY OF ANY INFORMATION PROVIDED OR MADE AVAILABLE TO US AND YOU RELY ON ALL SUCH INFORMATION AT THEIR OWN RISK. YOU ACKNOWLEDGE THAT YOU ARE USING The Big Lot WEBSITE AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE. WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES, INCLUDING BUT NOT LIMITED TO THE KELLEY BLUE BOOK INSTANT CASH OFFER (“KBB INSTANT CASH OFFER”), LINKED ON The Big Lot WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE LABS WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO VEHICLE INFORMATION AND VALUATION. WE MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR PROMISES THAT ANY THIRD PARTY INDEPENDENT DATA FROM SUCH THIRD PARTIES AS KBB INSTANT CASH OFFER (OR ANY OTHER COMPANY WHO PROVIDES US WITH VEHICLE VALUATIONS) OR ANY DATA PROVIDED BY US IS ACCURATE OR REFLECTS THE TRUE VALUE OF THAT VEHICLE. WHERE AN ESTIMATE IS PROVIDED ON A VEHICLE IT WILL BE SUBJECT TO CHANGES IN MARKET CONDITIONS (BOTH NATIONALLY AND REGIONALLY) WHICH MAY AFFECT THE PRICE AT WHICH IT IS VALUED. YOU RELY ON ANY ESTIMATE GIVEN BY US OF THE VALUE OF A VEHICLE AT YOUR OWN RISK.

The web pages contained in The Big Lot website may contain technical inaccuracies and typos. Although we make reasonable efforts to update the information on the LaBS website, we make no representations, warranties or guarantees, whether express or implied, that the content on the LaBS website is accurate, complete or up-to-date.

Governing Law; Arbitration; Statute of Limitations, Class Action Waiver:

These Terms of Use are governed by the laws of the state of Florida without regard to its conflict or choice of law provisions.

Any controversy or claim (“Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Palm Beach County, Florida. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the Florida and/or the United States District Court for the Southern District of Florida shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use.

You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. We reserve all rights and remedies available to us, in law or equity, with respect to any matter relating to these Terms of Use. This Arbitration agreement is governed by the Federal Arbitration Act. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability

The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Contact Us

Except as explicitly stated otherwise, any notices to The Big Lot shall be given by email to contact@louisvilleautobuyers.com. You agree that you will notify us in writing of any claim or dispute concerning or relating to The Big Lot website and the information or services provided through it, and also give us a reasonable period of time to address it before bringing any arbitration or legal action.

Complete Agreement

These Terms and Conditions, together with any revision, any Additional Terms or Conditions incorporated by reference, constitutes the entire agreement between you and the relating to the Website and its use by you, and supersedes any previous written or oral communication regarding use of the Website.

I HAVE READ THE TERMS & CONDITIONS AND AGREE TO ALL PROVISIONS CONTAINED ABOVE.