If you do not accept any part of these Terms, you are not permitted to use our Services.
Whenever a vehicle is listed, we require an up-to-date condition report. The vehicle condition must be accurately disclosed and photographed. Photos should also include the odometer and VIN number. Once all required information is submitted and approved then a vehicle goes up for sale on our platform. Once the auction has closed you have 90 minutes to decline an offer, accept an offer or counter offer to the highest bidder. If you accept the highest bid, you are also accepting the sales policy for the listed vehicle. If you are going to counter offer, please be aware that only one counter offer may be given per vehicle listing. Also, you can decline the highest bid and relist the vehicle at any time if no sale is made. If the highest bidder rejects your counter offer then the listing will close within 90 minutes. All listings close within 90 minutes of any action needing to be taken.
All bids are subject to the purchase policy and are binding. Bidding on a vehicle implies consent and intent to purchase a vehicle. You have the option to accept or decline a counter offer from the seller. If you decline the offer, the original offer is still intact and valid until the auction closes. All purchases assume the vehicle is being purchased ‘As-is’ unless otherwise stated.
Some situations may exist for canceling the sale or adjusting the purchase price. Those situations are deceit or failure to disclose by a seller. This can be for any number of conditions most commonly mileage or condition of the vehicle or the working mechanics of the vehicle.
Never take possession of a vehicle until you have verified that the seller has sent the title and it has been received at its destination. All paperwork issues need to be resolved before possession is taken and really it’s just a common sense way to protect your self from problems that could be avoided. If for some reason a sale falls through and a buyer wishes to return a vehicle, the return will be done at the buyers expense. We will always hold the right to take any payments made to a seller back to reimburse a buyer if ever necessary. All sales will come with a bill of sale.
When using our platform you have provided things like pictures, information, texts, contacts etc. We will not use your provided “stuff” without your permission first for any reason besides the basic uses of our platform to give you a place to buy and sell vehicles. We will not share, rent, sell, or otherwise use your information without your consent.
We will be using, storing, backing up, posting, listing, etc. your information and you grant us permission and license to do so to run our service. We do have a few trusted third parties that we work with whom you also grant these rights and permissions to. All permissions are worldwide, irrevocable and royalty free for as long as we are hosting and using your provided information.
The acceptable use policy must be followed and each user is responsible for their own conduct and behavior. All other users content is protected by their intellectual property rights and may not be downloaded, shared, uploaded, or copied without express permission from the owner. We can review content; compliance and conduct at any time and may or may not at our discretion.
Our services, software, platform and all other property are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in our Services, others’ content in our Services, trademarks, logos and other brand features.
Accounts may be cancelled at any time for any reason, but please be aware, there will be no refunds issued for paid accounts or any monthly fees paid. Accounts that are not paid for in a timely manner will be suspended until fees are paid.
Every dealership has their own terms and policies. Our platform must be used on conjunctions with those. Each account will be owned and run by the dealership and can be accessed, restricted or removed by said dealership at any time.
We can terminate your account at any time at our discretion. You also are free to terminate your account at any time at your discretion. Most terminations at our discretion are for reasons such as user not complying with or abusing the terms of service or user causing legal liability or infringing on others use of our platform. We reserve the right to cancel and terminate unused accounts after a period of 6 months.
We will always strive to provide outstanding service and structure to our site. However, we cannot always guarantee everything so in accordance with such, to the fullest extent of the law we (us, our affiliates, distributors, suppliers) make no warranties either express or implied about our services and offer our services “As-is”.
To the fullest extent of the law, we (us, our affiliates, distributors, suppliers) are not liable for any special, incidental, indirect, punitive, or consequential damages for any loss of data, business, profits, or use regardless of legal theory. We are not liable for any defamatory, offensive, illegal conduct of other users or third parties.
You agree to indemnity and hold harmless our officers, employees and directors from loss, liability, damage, debt, charge, lawsuit, interest, claim, expense, or cost without limitation to any fees, expenses, costs, legal or accounting fees, duties, accounts, claims, bonds, indemnities, warranties and so forth which may incur or be required to be paid relating to or as a result of your violation of the terms, your violation of any third party right, your use of the Services, or any claim that your property or use of the property of others caused damage to a third party or infringed on the rights of others.
We always believe in working out a dispute between parties first. We take your concerns very seriously and want to avoid lengthy and expensive legal routes at all costs. You agree to bring a dispute to us first and use our arbitration department before employing the use of any outside person or firm.
By accepting these terms, you agree that these Terms replace any other prior agreements, conditions, or applicable terms. You also agree that these terms create no beneficiary
We hold that if a provision cannot be enforced at any given time, it does not mean that we cannot enforce the provision at a later time. The provisions of there terms remain in full effect and we will substitute enforceable terms at our own discretion in a manner that is reflective of our intent. You cannot assign your rights to another party under these Terms and we reserve the right to void your terms at any time if you so choose to try and assign them to another party. We hold the right to assign our terms to any party, subsidiary, successor or affiliate for any reason that stands in compliance with our business interests associated with the Services laid out in this agreement.
We will probably revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
The contractual binding terms between Seller and Buyer are as follows:
Any monies due to us will be subtracted from any profits due to the seller. We may withhold any payments due to seller until monies owed have been paid. Liability for the vehicle remains with the seller until the buyer takes possession of the vehicle and at that time liability will transfer to the buyer. The seller affirms that they are the right and lawful titleholder of the vehicle and that no outstanding liens or taxes are due unless otherwise stated. Also, the seller has the legal and lawful right to sell the vehicle.
If a sell is going to be refused or modified it must be done within 24 hours of the buyer receiving the title. If a sale is not completed within 24 hours of the listing closing, the sale may be considered null and void and a vehicle may be put back up with a new listing to be sold to someone else.
The title of the vehicle will be transferred to the buyer after the full payment has been sent and received.
We reserve the right to to annul any contract for any reason under our discretion. We are not responsible for any incorrect or misleading information given or posted between parties whether made before, during, or after a sale. Both buyer and seller agree that we are only the third party platform that executes an auction service and we can not be responsible for any representations or disclosures made concerning the vehicle. We refute any and all implied or expressed warranties. Both parties agree to hold us and our affiliates harmless from and against any and all liability due to any type of loss, damage, or any court matters directly or indirectly, any odometer misrepresentation, or any type of related matters to automobile industry including third party transportation.