Terms of use

1. Who we are

TorquePower is run by TorquePower LLC ("TorquePower", "we", "us"). These terms cover the TorquePower website, the marketplace, the free valuation, machine records, the Dealer Platform and the dealer websites we host.

By creating an account or using the site, you agree to these terms. If you don't agree, please don't use TorquePower.

2. What TorquePower is (and isn't)

TorquePower is a marketplace that connects buyers and sellers. We are not the buyer or the seller, and we are not a party to any sale. We don't own, inspect, hold or ship the machines listed, and we don't handle the money for a sale.

Buyers and sellers deal directly with each other and are responsible for their own deals: checking the machine, agreeing a price, paying, transferring title or registration, taxes, and pickup or delivery. Always check that the ID plate on the machine matches the listing before you pay.

3. Accounts

• You must be at least 18 and able to make a binding agreement.
• Give accurate information and keep your password private. You are responsible for what happens under your account.
• One person or business per account. Dealers may add staff where the Dealer Platform allows it.
• We may suspend or close accounts that break these terms or the listing rules, or that put other users at risk.

4. Listings and the ID-number rule

Every listing must be tied to the machine's own ID number: its VIN, HIN, PIN or maker's serial number. One machine keeps one record on TorquePower, so its past listings, sales and (with the owner's OK) service visits stay with it. No ID number, no listing.

When you list a machine, you promise that you own it or are allowed to sell it, that the ID number is the one stamped on the machine, and that what you say about it is true. The full rules are on the listing rules page.

You keep ownership of the photos and words you post. You give TorquePower a non-exclusive, royalty-free license to show, copy, resize and share them to run and promote the marketplace and the machine record, including after a listing ends (the machine record is permanent). Don't post anything you don't have the right to share.

5. Machine records and valuations

Machine records show the history reported on TorquePower. They are not a full history of the machine, a title search or an inspection. Free valuations are estimates from prices on TorquePower only; they are not appraisals or offers to buy. Don't rely on either alone when making a decision.

6. Sample data

Before launch, parts of the site show sample listings, sample dealers and a demo dealership so people can see how TorquePower works. Sample items are marked "Sample". They are not real machines for sale and can't be messaged or bought. Sample data will be removed before launch.

7. Dealer accounts and billing

Dealer plans are billed per store location per month: Listings Only ($149) and Dealer Platform ($499, which includes your dealer website, the marketplace, and the customer, deal, service and parts tools). New dealer plans start with a 14-day free trial. Payments are handled by our payment company, Stripe; we never see or store your full card number.

Dealer offers to private sellers: each plan includes a number of offers a month, shown on your account. Offers beyond that are recorded as extras; we'll announce the price for extras before charging anything for them. Offers are only for machines whose sellers asked for them, and must be genuine.

Plans renew each month until cancelled. You can cancel any time from Billing in the Dealer Platform; your plan stays on until the end of the month you've paid for. Except where the law requires, fees already paid are not refunded. We'll give at least 30 days' notice before changing prices.

Your dealership's data belongs to you. Your customers, deals, service records, parts and inventory in the Dealer Platform are yours. We use them only to run the service for you, and you can ask us for a copy at any time. Public machine-record entries (listings, sales, and service visits your customers agreed to share) stay with the machine's record.

8. Messages, offers and alerts

Messages and offers sent through TorquePower go to the other person's inbox. An offer is not a binding contract; it's a starting point for the buyer and seller to talk. We may scan messages automatically to catch scams and spam.

If you save a search or ask for alerts, we'll email you about new matches. You can turn alerts off at any time from your account or the link in each email. Text-message alerts are sent only if you opt in, and you can reply STOP to end them.

9. Things you must not do

• List stolen machines, machines you can't legally sell, or a machine under someone else's ID number.
• Post false, misleading or copied listings, or use another person's photos without permission.
• Scam, harass or spam anyone, or ask buyers to pay outside normal, traceable methods to avoid getting caught.
• Copy or scrape the site, its machine records or its manufacturer database in bulk, or try to break or overload it.
• Use TorquePower to break any law.

10. Reporting problems, and copyright

Use "Report this listing" on any listing, or email [FILL IN: abuse and copyright email, e.g. abuse@ your domain]. If you believe something on TorquePower infringes your copyright, send a notice to our copyright agent at [FILL IN: abuse and copyright email, e.g. abuse@ your domain] or by mail to [FILL IN: TorquePower LLC mailing address], with: your contact details; the work you say is copied; the web address of the material; a statement that you believe in good faith the use isn't authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them; and your signature. We remove material when the law requires and may close the accounts of repeat infringers.

11. Disclaimers and limits

TorquePower is provided "as is". We work hard to keep it accurate and running, but we don't promise it will always be available or error-free, and we don't guarantee any listing, user, machine, valuation or record.

To the extent the law allows, TorquePower LLC is not liable for losses that come from deals between users, or for indirect or consequential losses. Our total liability to you for any claim is limited to the greater of $100 or what you paid us in the 12 months before the claim.

You agree to cover TorquePower's reasonable costs if a claim is brought against us because of your listing, your deal or your breaking these terms.

12. Changes, law and contact

We may update these terms. If a change is important, we'll tell account holders by email or on the site before it takes effect. Using TorquePower after a change means you accept it.

These terms are governed by the laws of [FILL IN: state whose law applies], without regard to its conflict-of-law rules.

Questions? Email [FILL IN: contact email, e.g. help@ your domain] or write to TorquePower LLC, [FILL IN: TorquePower LLC mailing address].