- My Account
Welcome to this For Sale by Owner section of our website ("FSBO"), owned and operated by Performance Utah, LLC and Performance Automotive Utah, LLC (collectively “Hosts”, individually “Host”). This FSBO is a way for sellers to list their used vehicles for sale and provides an opportunity for potential buyers to view more used vehicles available for sale in one location. All information regarding the vehicles is provided by the seller of such vehicle, not by the Hosts. The price and other terms of any sale remains subject to direct negotiation between the buyer and the seller, and are not the responsibility of Hosts. Hosts make no guarantees or warranties and assume no responsibility with respect to any representations concerning the vehicle or the accuracy thereof.
This FSBO section of our website is provided to you “AS IS.” Hosts, their officers, employees, representatives and their subsidiaries and affiliates (“Host Parties”), do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available herein (or any information, goods or services that are referred to, advertised or promoted on, or sold through this FSBO section of our website). Information on this FSBO section of our website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Host Parties may make improvements or changes within this section of the website at any time. In no event shall Host Parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website, from either a seller or buyer of a vehicle, whether based on contract, strict liability or otherwise, even if Host Parties have been advised of the possibility of damages.
This Terms of Service and any other policies posted on our website, set out the terms on which the Hosts allows you access to and use of their sites, services, applications and tools (collectively “Services”).
You and Hosts agree that any claim or dispute at law or equity that has arisen, or may arise, relating in any way to or arising out of the relationship formed herein, including any vehicle sold or purchased through this FSBO, will be resolved in accordance with the provisions as set forth herein. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah (without regard to principles of conflict of laws) will govern the Services and any claim or dispute that arises hereof. You and Hosts agree that any dispute shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
By providing information as either the buyer or seller, you hereby give permission to Hosts for future marketing purposes. If you do not want your information to be used, it is your responsibility to notify Hosts of this election in writing.
For the Sellers - When advertising a vehicle for sale through this FSBO section of our website, you must be prepared to sell that vehicle at the price at which, and the terms on which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer clean title to the vehicle. Responsibility for the information contained in the listings lies with each seller and not with the Hosts. Hosts cannot monitor all the listings posted to our website, however, we reserve the right to delete, move, or edit any listing that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using this FSBO section of our website, you agree to not post or transmit any defamatory, abusive, obscene, threatening, misleading, or any illegal materials that infringe on the rights of others or interferes with the ability of others to enjoy the use of this section of our website. By posting information on this FSBO section of our website, you represent and warrant: (1) you are the legal owner of the vehicle, with all the necessary rights, title and interests in such vehicle; (2) all the information you have provided is true, accurate, current and complete, and does not violate this Terms of Service; and (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited. It is the sole responsibility of the seller to verify the information presented by any buyer of a vehicle. Hosts are not responsible for any false information, fraudulent, or illegal activity or for any sale that is not completed because of information provided by the potential buyer. Seller will sell all vehicles at their own risk. Seller is solely responsible to verify that the funds provided by Buyer have been deposited and cleared.
For the Buyers - When reviewing the vehicles on this FSBO section of the website, it will be buyer’s responsibility to verify the accuracy and completeness of all information, as advertised, regarding the vehicle. Buyer is solely responsible to verify that the seller is the true owner of the vehicle and that he/she has the proper title to the vehicle in order to transfer such vehicle. Hosts will not assume any responsibility for the information posted by the seller(s). Hosts cannot monitor all the listings posted to our website, however, we reserve the right to delete, move, or edit any listing that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. Hosts are not responsible for any false information, fraudulent or illegal activity or for any sale that is not completed because of information provided by the seller. Host Parties are not responsible for the sale of any vehicle on this FSBO section of our website. Therefore, if you choose to purchase a vehicle, you do so at your own risk. Host Parties are not responsible for any purchase that fails completion. You are responsible for the financing of the vehicle you choose to purchase. Any purchase you make is strictly between you and the seller.