Terms of Use
Last updated November 2, 2026
These terms are a contract between you and [Company legal name] (“Before the Crusher,” “we,” “us”). They cover your use of the Before the Crusher website and anything else we run under that name (the “Site”). By creating an account, listing, buying, or otherwise using the Site, you agree to them. Section 17 requires most disputes to be settled by individual arbitration and waives class actions. Please read it.
1. Who can use the Site
You must be at least 18 and able to form a binding contract. If you use the Site for a business, you confirm you have authority to bind that business, and “you” includes it.
You agree to give accurate account information and keep it current, to keep your sign-in secure, and that you are responsible for what happens under your account. One person or business per account unless we agree otherwise. We may refuse, suspend or close accounts as described in Section 15.
2. What we are, and what we are not
The Site is a venue. Sellers list parts and vehicles they are parting out; buyers buy from those sellers. Each sale is a contract between the buyer and the seller only. We are not the seller, we do not take title to or possession of any item, and we are not an agent of either party.
We do not inspect, test, verify or guarantee any item, listing, part number, interchange or fitment result, VIN decode, price estimate, seller, buyer, license or document. Tools such as the parts checklist, suggested prices, “fits your car” matches and Spotted values are estimates to help you decide. They are not a promise that a part fits, works, is legal to install in your area, or is worth any amount.
Reviewing a seller’s documents (Seller Agreement, Section 3) is a screening step for our own risk management. It is not a certification that a seller is licensed, that a vehicle is not stolen, or that the seller has title.
3. Fees
Listing is free. When an item sells, the seller pays a commission of 8% of the item price and a payment processing fee of 2.9% of the buyer’s total plus $0.30. Fees are deducted from the seller’s payout. Current fees are always shown on the Site, and we will give at least 30 days’ notice before raising them. Fees are not refunded when a sale is cancelled or refunded, except where we decide otherwise or the law requires.
4. Payments
Payments are processed by our payment provider (currently Stripe) under its own terms, which you also agree to. Sellers must complete the provider’s identity and payout setup before they can be paid.
When a buyer pays, the funds are held until the order is delivered or picked up and any claim window or open claim is resolved, then released to the seller less fees, refunds and amounts owed. We may hold, delay or reverse a payout to cover a claim, chargeback, suspected fraud or a violation of these terms, and we may recover amounts a seller owes from future payouts or the seller’s payment method.
Where state law treats us as a marketplace facilitator, we calculate, collect and remit sales tax on sales made through the Site. Sellers remain responsible for any other taxes on their sales and income. The payment provider may issue tax forms such as Form 1099-K where required.
5. Keep sales on the Site
You may not use the Site to find a buyer or seller and then complete the sale elsewhere, or ask for or share phone numbers, emails, addresses, websites, social handles or payment apps in listings, questions, stories or messages before a sale. Our screening tools block and log these attempts. Buyer protection, seller protection and our dispute process only cover sales paid through the Site.
6. Listings and the rules for items
Sellers must follow the Seller Agreement and the Prohibited and Restricted Items policy. Buyers must follow the Buying, Returns and Disputes policy. Those policies are part of these terms.
Every donor vehicle must be added with its real VIN. The full VIN is shown to buyers on every part from that vehicle so they can confirm fit. Listing parts from a vehicle you do not own or have the right to sell, or from a stolen vehicle, is prohibited and may be reported to law enforcement.
7. Fitment, installation and safety
Used and refurbished parts can fail, may be damaged in ways that are not visible, and may need programming, coding, calibration or professional installation. Confirm part numbers and fitment with the seller and, for anything safety-related (brakes, steering, suspension, wheels, seat belts, structural parts, electronics that control them), have a qualified mechanic inspect and install the part.
You are responsible for whether a part is suitable and legal for your vehicle and use, including emissions, safety and inspection rules where you live. Check for open recalls at nhtsa.gov/recalls before buying or installing a part.
8. Spotted listings from other sites
The Spotted section describes cars and parts we found for sale on other websites, in our own words, with a link to the original. Those items are not sold through the Site, and none of our buyer or seller protections apply. We do not control and are not responsible for third-party sites, sellers or listings. Prices, availability and details may be out of date. If you are the seller of a Spotted item and want it removed or want to list it here, contact us.
9. Your content
You keep ownership of the photos, text and other content you post. You give us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, copy, display, adapt (for example, crop or resize), and distribute it to run and promote the Site, including in search results, part alert emails, and social media. This license ends when you delete the content, except for copies we keep as described in the Privacy Policy and content shared with others before you deleted it.
You promise that you have the rights to everything you post, that it is accurate, and that it does not infringe anyone’s rights or break the law. Post only your own photos of the actual item. See the Copyright and Intellectual Property policy.
10. Things you may not do
- Break any law, or help someone else do so.
- List or buy anything on the Prohibited and Restricted Items list.
- Misrepresent an item, its condition, mileage, origin or your identity, or post fake reviews, feedback or questions.
- Manipulate prices, bid against yourself, or make purchases you do not intend to pay for.
- Harass, threaten or discriminate against anyone.
- Scrape, crawl, copy or resell the Site’s data or listings, or access the Site by automated means, except public search engines following our robots rules.
- Interfere with the Site’s security or operation, probe for vulnerabilities without our written permission, or get around any limit, block or screening tool.
- Use another person’s account, or create a new account after we suspend you.
11. Feedback
If you send us suggestions, we may use them without any obligation to you.
12. Disclaimers
THE SITE AND EVERYTHING ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT ANY ITEM SOLD BY A SELLER. ANY WARRANTY ON AN ITEM COMES ONLY FROM ITS SELLER, IF THE SELLER OFFERS ONE.
We do not promise that the Site will be uninterrupted, error-free or secure, or that data such as VIN decodes, interchange and fitment results, or price estimates are accurate or complete.
Some states do not allow certain disclaimers, so some of these may not apply to you.
13. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, OR FOR VEHICLE DOWNTIME, LABOR, TOWING OR INSTALLATION COSTS, ARISING FROM THE SITE, ANY ITEM, OR ANY DEALINGS BETWEEN USERS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) $100.
These limits do not apply to liability that cannot be limited by law, such as for death or personal injury caused by our gross negligence or willful misconduct.
14. Indemnity and release
You will defend, indemnify and hold harmless us and our owners, employees and contractors from any claims, losses, liabilities, fines, penalties and costs (including reasonable attorneys’ fees) arising from your content, your listings or purchases, items you sell, your dealings with other users, your violation of these terms or any law, or your infringement of anyone’s rights.
Disputes about a sale are between the buyer and the seller. To the fullest extent the law allows, you release us from claims arising from those disputes, except for our obligations under the Buying, Returns and Disputes policy. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
15. Suspension and termination
We may remove any content or listing, limit features, hold funds as described in Section 4, or suspend or close any account at any time if we believe it is needed to protect users, the Site, the public or us, to comply with law or a legal request, or because of a violation of these terms. Where practical we will tell you why. You can close your account at any time once open orders and claims are finished.
Sections 2, 3 and 4 (for amounts owed), and 9 through 19 survive termination.
16. Law enforcement and legal requests
We cooperate with law enforcement investigating stolen vehicles or parts, fraud or other crimes. We may preserve and disclose account information, listings, VINs, documents and transaction records in response to valid legal process, or without it where we believe in good faith disclosure is needed to prevent harm or is allowed by law. See the Privacy Policy.
17. Disputes with us: arbitration and class action waiver
Please contact us first at [legal email]. Most concerns can be resolved quickly. If we cannot resolve a dispute within 60 days, you and we agree to resolve it by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you use the Site as a business), instead of in court. The Federal Arbitration Act governs this section.
Either party may instead bring an individual claim in small claims court, and either party may go to court to stop infringement or misuse of intellectual property. Arbitration for consumers will take place in the county where you live or by video, and we will pay filing, administration and arbitrator fees above what you would pay to file in court, unless the arbitrator finds your claim frivolous.
YOU AND WE AGREE THAT CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.
You can opt out of this section by emailing [legal email] within 30 days after you first accept these terms, with your name, account email and a statement that you opt out of arbitration. Opting out does not affect the rest of these terms.
18. Governing law
These terms are governed by the laws of the State of Ohio and applicable federal law, without regard to conflict-of-law rules. Except for arbitration and small claims under Section 17, the state and federal courts located in Ohio have exclusive jurisdiction, and you consent to them.
19. General
We may change these terms. If a change is material, we will tell you by email or on the Site at least 30 days before it takes effect, and continued use after that means you accept it. Changes do not apply to disputes already pending.
These terms, together with the policies they link to, are the whole agreement between you and us about the Site. If any part is unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not assign these terms without our consent; we may assign them in connection with a merger, sale or reorganization. You agree to receive notices and records electronically. Nothing here creates a partnership, employment or agency relationship.