Thank you for using www.buybidsold.com These Terms of Service (the "Terms") represent a binding contract between you and Buy Bid LLC (the "Company"), the provider of www.buybidsold.com and the buybidsold.com mobile application (collectively, the "Service"). By accessing, registering for, or using the Service in any way, you agree to be bound by these Terms in full and without modification.
As used in these Terms, "you" refers to you personally and, if you access the Service on behalf of a company or organization, that company or organization.
We may revise or modify these Terms at any time by replacing or updating this document. You will be notified of the change through email notification. Your continued use of the Service after notification will constitute full and complete acceptance of the new Agreement.
These Terms were last modified on December 8, 2016.
The Company requires that you register for an account with the Service ("Account") in order to utilize all of its features. By creating a Account, you agree that:
You may terminate your Account at any time by contacting the Company.
The Company may terminate your Account and your access to the Service at any time and for any reason with or without notice.
Upon termination of your Account for any reason, your access to the Service and your Subscription Fee obligations will cease immediately.
You may be permitted to post information, photographs, videos, and other content on the Service (collectively, the "User Content"). You agree that you will not use the Service to post any User Content which is:
Further, you agree that you will only post User Content for automobiles you currently have for sale and have the right to sell and to list on the Service.
You will not use the Service to send spam messages or crawl, index, scrape, reverse engineer, or reproduce the Service.
You acknowledge that all User Content is property of the user who has posted such User Content. Under no circumstance will you distribute, reproduce, or display, license, or sublicense any User Content that you did not post.
You will not reverse engineer any portion of the Service.
You will not use the Service in any way that is illegal or violates the rights of any other party.
You grant the Company a worldwide, royalty free, irrevocable, non-exclusive license to reproduce, share, and distribute your User Content without credit to you. In addition, the Company may make use of derivatives of your User Content for any and all purposes.
The Company may modify or terminate the Service, or any of the features of the Service, at any time and without notice. You agree that you will not incur any damage due to any such modification or termination.
By creating an Account, you will be enrolled in a paid subscription for access to the Service (the "Subscription") at the price listed on the registration page of the Service, with such price billed automatically on a once-per-month basis, unless otherwise expressly indicated (each such month a "Term") to the credit card or payment information you have on file with the Company (the "Subscription Fee").
By purchasing a Subscription, you agree to pay in full all Subscription Fees (whether initial or recurring) indicated on the corresponding registration page, including revised versions of that page as may be posted from time to time. Your Subscription will automatically renew each Term at the current rate listed on the registration page.
You authorize the Company to charge your Payment Method for all Subscription Fees as incurred. Subscription Fees may be billed through the use of third party payment processing services ("Processors") utilized by the Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank.
If you cancel your Account or your Account is otherwise terminated (as provided for in Section 2 of these Terms) your Subscription will automatically terminate. No further Subscription Fees will be charged to you.
The Company reserves the right to refuse to provide an Account or Subscription to any person for any reason.
All prices posted within the Service are in United States denominations unless expressly designated otherwise. Prices are subject to change any time and without notice.
You may list automobiles for sale on the Service (each a "Listing") by scanning the automobile's VIN code, inputting the VIN code, or manually entering information relating to the listing. In addition, you may add photos and other Listing information. For the avoidance of doubt, all Listings shall be considered User Content.
All Listings must:
You represent and warrant that you will not posting any Listing unless you have a bona fide intention to sell the automobile listed in the Listing.
You may submit offers on Listings directly to the users posting such Listings. Any arrangements for the purchase of the automobile in any Listing will be subject to the terms negotiated between the buyer user and seller user. Buyer and user are solely responsible for arranging for the purchase and transportation of the automobile in any Listing.
The Service is a marketplace for Listings and is in no way a broker, dealer, or auctioneer. All transactions between users are solely between such users. Under no circumstance will the Company be responsible for any transaction. WE ENCOURAGE ALL USERS TO CAREFULLY CONSIDER ANY TRANSACTION. PLEASE CONTACT THE OTHER USER TO CONFIRM ALL DETAILS BEFORE ENTERING INTO ANY TRANSACTION.
The Company reserves the right to remove, modify, or change any listing at any time, with or without notice.
Under no circumstance will the Company be responsible for any misrepresentation or omission relating to any listing or any automobile posted by any person. In the event of a dispute arising from a Listing, users' sole recourse will be against the user generating the Listing in question. At the request of the parties, the Company may arbitrate the dispute, but will no way be responsible for such dispute.
You acknowledge that the Service may be provided through a franchisee or licensee of the Company. In such a case, all terms applicable to the "Company" herein shall instead be applicable to the respective franchisee or licensee rather than BuyBid LLC and you will not be deemed to be in contractual privity with BuyBid LLC.
THE SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES PROVIDED, WHETHER EXPRESS, IMPLIED OR OTHERWISE. AS SUCH, YOUR USE OF THE SERVICE AND YOUR ARRANGEMENTS WITH ANY OTHER USER ARE SOLELY AT YOUR OWN RISK. THE COMPANY DOES NOT ACTIVELY SCREEN USER CONTENT OR LISTINGS POSTED TO THE SERVICE. USER CONTENT MAY BE INACCURATE OR MISLEADING. IT IS YOUR RESPONSIBILITY TO CONFIRM THE VERACITY OF ALL USER CONTENT. THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE SERVICE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE WHATSOVER.
THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING THE LISTINGS AND USER CONTENT. ACCORDINGLY, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR DECISION TO PURCHASE OR USE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN RISK AND DISCRETION. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR ANY PRODUCTS OFFERED THROUGH THE SITE OR OFFERED BY THIRD PARTIES WHO MAY LINK TO THE SERVICE.
UNDER NO CIRCUMSTANCE SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATED TO, ANY ACTION CONCERNING YOUR USE OF THE SERVICE OR RELIANCE ON ANY LISTING OR USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIABILITY LIMITATIONS. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Affiliates"), from and against all claims, demands, suits, and liabilities, by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your reliance on any Listing or User Content, (iii) your interaction with any other user, or (iv) your violation of the Agreement. The Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in good faith with our defense of any such claims. You agree not to settle any such matter without the prior written consent of the Company.
These Terms represent the complete and final agreement regarding your use of the Service and supersedes any previous versions of the Agreement.
Any failure or delay of either party to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision.
You may not assign any right or obligation arising under these Terms. The Company may assign its rights and obligations without notice.
These Terms shall be governed and interpreted solely in accordance with the laws of Ohio. Any dispute brought under these Terms or relating to the Service or any transaction involving the Service shall be brought exclusively in the state and federal courts of Ohio.