Terms of Service
Last updated: July 28, 2026
Please note: This document is a general draft template provided for convenience. It is not legal advice and may not reflect the requirements that apply to your specific situation. It should be reviewed and customized by a licensed attorney in the applicable jurisdiction before you rely on it.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website located at swflautoexchange.com and any related services, forms, and communications (collectively, the "Service") operated by SWFL Auto Exchange ("SWFL Auto Exchange," "we," "us," or "our"). By accessing the Service, submitting the lead form, or otherwise contacting us about selling a vehicle, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Service.
2. Description of the Service
SWFL Auto Exchange is a local, family-owned business that buys used cars, trucks, SUVs, and classic or exotic vehicles directly from private sellers. We offer free local pickup throughout Southwest Florida and nationwide enclosed transport, and we can assist with lienholder payoffs and title and paperwork handling. Payment is made by certified funds or wire transfer.
Offers are estimates and are non-binding. Any figure, range, or "quote" we provide before we physically inspect your vehicle is a preliminary estimate only. It is based on the information and photos you supply and is not a guaranteed or final offer. A firm offer is made only in writing after we have inspected the vehicle and verified its condition, title status, and payoff details. We reserve the right to adjust or withdraw any estimate if the vehicle's actual condition, mileage, history, or documentation differs from what was represented, or if the vehicle cannot be lawfully transferred to us.
3. No Guarantee to Beat Any Offer
Statements on our website and in our marketing, such as references to frequently beating offers from other buyers, are general descriptions of past experience and are aspirational marketing statements. They are not a promise or guarantee that we will match or beat any specific quote you have received from any dealer, auction, CarMax, Carvana, or any other party. Whether we can make a competitive offer depends on the individual vehicle and market conditions at the time.
4. Seller Responsibilities and Representations
If you offer a vehicle for sale to us, you represent and warrant that:
- All information you provide, including the vehicle identification number (VIN), year, make, model, mileage, condition, and history, is accurate and complete to the best of your knowledge;
- You are the legal owner of the vehicle, or are otherwise authorized to sell it, and you have the legal right and ability to convey clear and marketable title;
- You will disclose any outstanding loan, lien, or lease and provide accurate payoff amounts and lienholder information;
- The vehicle is not subject to any undisclosed claim, theft report, salvage or branded-title issue, odometer discrepancy, or other encumbrance that you have not disclosed to us; and
- Any photographs or documents you submit are accurate and lawfully provided by you.
Any photographs you submit are used solely to evaluate your vehicle, prepare an offer, and, if you accept, complete the purchase. We do not use your photographs for advertising or marketing without your separate written permission.
You are responsible for the accuracy of payoff figures you report. If the actual lienholder payoff differs from what you provided, the final amount payable to you may be adjusted accordingly.
5. Pickup, Transport, and Payment
Where we agree to purchase a vehicle, we offer free local pickup within our Southwest Florida service area (including Collier and Lee County) and can arrange nationwide enclosed transport. Scheduling of pickup or transport is coordinated directly with you and may depend on availability, location, and vehicle condition. Title transfer and final payment (by certified funds or wire transfer) occur at the time we take possession of the vehicle, subject to satisfactory verification of title, identity, and payoff status. You are responsible for removing all personal belongings and license plates from the vehicle before pickup unless we agree otherwise.
6. No Professional, Legal, or Financial Advice
The Service and any information we provide, including vehicle value estimates and information auto-decoded from your VIN, are provided for general informational purposes only. Nothing on this website or in our communications constitutes legal, tax, financial, or professional advice. Vehicle valuations are our own opinions of what we may be willing to pay and are not appraisals or statements of market value. You should consult your own advisors regarding any tax or financial implications of selling your vehicle.
7. Third-Party Marks and Comparisons
Names, logos, and marks of other companies referenced on the Service, including CarMax® and Carvana®, are the property of their respective owners. Any such references are made solely for comparison and identification purposes. SWFL Auto Exchange is not affiliated with, endorsed by, sponsored by, or otherwise associated with any of these companies.
8. Limitation of Liability
To the fullest extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law, SWFL Auto Exchange and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Service or any estimate, offer, or communication, even if we have been advised of the possibility of such damages. In no event will our aggregate liability arising out of or related to the Service exceed one hundred U.S. dollars (US$100), except where a completed vehicle purchase is governed by the separate written purchase documents signed at the time of sale.
9. Indemnification
You agree to indemnify, defend, and hold harmless SWFL Auto Exchange and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) information you provide that is inaccurate or misleading; (b) your breach of these Terms; (c) your failure to convey clear title or to disclose any lien, loan, or encumbrance; or (d) your violation of any applicable law or the rights of any third party.
10. Governing Law and Venue
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any dispute that is not subject to small-claims resolution will be the state or federal courts located in Collier County or Lee County, Florida, and you consent to the personal jurisdiction of those courts.
11. Changes to These Terms
We may update or modify these Terms from time to time. When we do, we will revise the "Last updated" date above. Changes are effective when posted to this page. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
12. Marketing Communications and Newsletter
By submitting our lead form or otherwise providing us with your contact information, you agree that we may add you to the SWFL Auto Exchange business newsletter and send you periodic marketing emails and updates about our services, promotions, and vehicle-buying offers. This is in addition to the vehicle-specific communications described in our Privacy Policy. Message frequency varies. Your consent to receive the newsletter is not a condition of any sale, and you may unsubscribe at any time by clicking the "unsubscribe" link in any newsletter email or by emailing offers@swflautoexchange.com. Opting out of the newsletter will not affect our ability to contact you about a vehicle you submitted.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
14. Contact Us
If you have questions about these Terms, please contact us:
- Phone: (239) 250-2000 or (239) 595-4021
- Email: offers@swflautoexchange.com
- Website: swflautoexchange.com