User Agreement Terms of Service
May 1, 2019
Welcome to the Bid, Buy & Drive (the “Site”). Bid, Buy & Drive, LLC (“BB&D”, “we” or “us”)offers this Site to you as a user of our Service (as defined herein). By accessing or using the Service, you agree that you have read, understand, and agree to be bound by these User Agreement Terms of Service (“Terms”) and agree to our collection and use of your information as set forth in our Privacy Policy which is hereby incorporated as part of these Terms of Service. These Terms apply to all Buyers, Sellers, visitors to the Site and users of the Service (collectively, “Users”). If you do not agree with these Terms, INCLUDING THE BINDING ARBITRATION PROVISION SET FORTH IN SECTION 9B, you will immediately discontinue your use of the Services. By registering to utilize our Services you represent that you are eighteen (18) years of age or older and have the capacity to enter into a legally binding contract.
BB&D reserves the right to make changes at any time to the Service and these Terms of Service. Any modifications will be effective upon posting. Your continued use of the Site and Services following posting of any revised Terms of Service will constitute acceptance of the modifications. Please check these Terms of Service periodically for changes.
If you have any questions regarding these Terms, please contact us at [email protected].
1. About BB&D and Our Services
A. About Us. BB&D is a vehicle listing and information service and auction site which provides an online automotive marketplace (“Services”), comprised of Users, either (a) listing vehicles for sale (“Sellers”), or (b) submitting bids for the purchase of posted vehicles (“Buyers”). These Terms contain the conditions under which you may utilize the Site and these Services.
BB&D IS SOLELY A HOSTED SERVICE PLATFORM TO BRING TOGETHER BUYERS AND SELLERS, AND TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SERVICE DOES NOT RESIDE WITH BB&D. BB&D IS NOT AN AUTOMOBILE BROKER OR DEALER. WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE (OR NEGOTIATE OR ATTEMPT TO NEGOTIATE THE SAME) ANY INTEREST IN ANY VEHICLE LISTED FOR SALE ON OUR SERVICE. BB&D does not offer products and services associated with such transactions, including but not limited to financing, vehicle insurance, registration/titling services, and vehicle transfer escrow services. Transactions hereunder are solely a contract between you and BB&D facilitating the use of our Site, and do not govern any sale, transaction, or other relationship between you and any other User, including with respect to a Buyer or Seller.
B. License Granted. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service as permitted hereunder. You may terminate this license at any time for any reason or no reason. BB&D reserves all rights not expressly granted herein.
C. Account Usage. For BB&D accounts you have opened on behalf of a company, organization, or other entity, references to “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and you agree to these Terms on the entity’s behalf. Use of another User’s account without permission is prohibited. You must provide accurate and complete information, and it is your responsibility to keep this information current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If there is a breach of security or any unauthorized use of your account, you must notify BB&D immediately. Notwithstanding, BB&D will not be liable for any losses caused by unauthorized use of your account.
D. Prohibited Activities. You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials on the Site or the Service in any manner. You agree not to: (i) use any automated system to access the Service in a manner that sends excessive request messages to BB&D servers; (ii) transmit spam or other unsolicited email, phish, pharm, pretext, spider, crawl, or scrape; (iii) interfere with transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose, an unreasonable or disproportionately large load on BB&D infrastructure; (v) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or the Service or materials and products found thereon, or of any related website; (vi) collect any personal data from the Service; (vii) use the Service for any commercial solicitation purposes; (vii) interfere with the proper working of the Service; or (viii) circumventing measures used prevent or restrict access to the Service. BB&D may, without prior notice, change the Service, cease providing the Service, or create usage limits for the Service. We may terminate or suspend your access to the Service without notice and liability for any reason. Application of these Terms shall survive termination.
2. Proprietary Rights
A. Seller Owned Data. BB&D does not own any content or material created by the Seller and provided to us in connection with the Services (collectively “Seller Owned Data”). By submitting Seller Owned Data, you represent and warrant that you (i) own or have the right to submit the Seller Owned Data, and the right to grant all of the rights and licenses in these Terms; (ii) you have obtained permission from any individuals that appear in the Seller Owned Data to use, and grant others the right to use, their name, image, voice and/or likeness; and (iii) the Seller Owned Data does not contain false or misleading information, infringe on the intellectual property rights or other third party rights, contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content. Upon request by BB&D, you will furnish BB&D any documentation necessary to verify your compliance. BB&D does not guarantee the truthfulness, accuracy or reliability of any Seller Owned Data or endorse any opinions expressed by you or anyone else.
You acknowledge that your submission of Seller Owned Data, you grant to BB&D a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, modify, create derivative works from, distribute, sell, display, transmit, store, or otherwise use all or any portion of the Seller Owned Data, as well as any other information associated with the Seller Owned Data, in any commercial or noncommercial manner, in whole or in part, in any and all distribution channels, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. BB&D retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Owned Data for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the Seller Owned Data.
B. Bid, Buy & Drive Data. The Service and all materials contained therein, and all intellectual property rights related thereto (excluding Seller Owned Data), are the sole property of BB&D and its licensors (the “BB&D Data”). Except as set forth herein, nothing in these Terms shall be deemed to create a license under such intellectual property rights. You agree not to copy, modify, create derivative works from, distribute, sell, display, transmit, store, or otherwise use all or any portion of the BB&D Data. Use of BB&D Data for any purpose not expressly permitted by these Terms is prohibited.
“BB&D,” “Bid, Buy & Drive”, the BB&D logo, and any other related product or service name/slogan displayed on our Service are trademarks of BB&D or its suppliers or licensors, and may not be copied, without the prior written consent of BB&D or the applicable trademark holder, which consent may be withheld in its sole option. All trademarks and service marks not owned by BB&D that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BB&D.
3. Use of Bidding and Auction Services
Seller. Sellers agree to provide BB&D with a minimum price (reserve) at which the Seller will make a sale of the applicable vehicle prior to BB&D’s publication of the listing. Seller may reduce or waive this minimum price during the auction by notifying BB&D in writing of such change. Seller acknowledges that during the auction, the listing of the vehicle with BB&D is exclusive. FOR THE PERIOD OF THE AUCTION, SELLER WARRANTS THAT IT SHALL NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE ON ANY OTHER AUCTION OR LISTING SERVICE.
Buyer. If Buyer bids on a vehicle, that Buyer is obligated to complete the transaction and is responsible for all applicable government fees and taxes for applicable vehicles listed via the Service. Sellers are not responsible for any shipping or delivery fee. Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. BB&D reserves the right to reject or void bids for any reason, in its sole discretion. Should a dispute arise regarding a bid, BB&D is the exclusive deciding authority with sole discretion in resolving disputes. BB&D may, by its sole discretion and with or without notice, postpone or cancel a sale or withdraw a vehicle from auction and will neither have liability nor obligation to Buyers as a result of any vehicle withdrawal, or auction cancellation or postponement.
Referrals. In the event that a User refers a Seller who subsequently lists a vehicle for the first time, the referring User may be eligible for a referral credit in the amount of $125 USD, except where prohibited by law. Such referring User must be listed by the Seller at the time of submission of their documentation, and the funds shall be credited to the User’s account for application again future charges. BB&D reserves the right to discontinue this Referral program at any time, but previously credited amounts shall not expire.
BB&D reserves the right to (i) reject any listing, within its sole discretion, and (ii) terminate these Terms or your account at any time upon notice to you. In the event that BB&D suspends or terminates your account or these Terms as a result of your breach, you understand and agree that you shall receive no refund, including content or data associated with your account, and you may be barred from future activity on the Site. Remedies included herein are not exclusive and BB&D reserves the right to pursue any remedies available at law or in equity.
4. Payment Terms
A. Service Fees. Services may require fees to be paid to BB&D, including an initial deposit made by Buyers in connection with a bid, Buyer’s fees, and Seller listing fees. If you elect to use these Services, you agree to our pricing and payment terms as may be updated from time to time and are subject to change without notice. BB&D may add new services add or amend fees and charges for existing or new services, at any time in its sole discretion. All payments made to BB&D shall be made by credit card and facilitated through the Site. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You will pay any applicable taxes, if any, relating to any such purchases or other transaction interactions. Prices listed by Sellers exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All amounts listed on the website are in U.S. dollars.
B. Cancellation by User. You may cancel your BB&D account at any time; however, there are no refunds in connection with cancellation. With regards to any auctions in effect at the time of your cancellation, such auctions shall continue until their completion.
5. Third-Party Materials
The Service may include links to the websites, content or services of third parties. BB&D is not responsible for the content of any links, or any products, services or other materials relating to any linked site or service, or any link contained in a linked site or service. BB&D does not control these third party offerings and is not responsible or liable for the content, products or services available through these offerings. The existence of links from the Service to such offerings should not be construed as an endorsement of any of the content, products or services appearing on such offering or as implying an association between BB&D and the operators thereof. By using these third-party websites, content or services you may be agreeing to their terms of use and privacy policies. YOU HEREBY RELEASE BB&D from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party websites, content or services or from your purchase or use of any third-party provided product or service.
6. Disclaimer of Warranties
THIS SITE AND THE USE OF THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS, WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTY. BB&D MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. BB&D DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE HEREBY DISCLAIMED.
THE PRODUCTS HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BB&D. BB&D DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BB&D WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CERTAIN LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU
While BB&D cares about the integrity and security of your personal information, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide personal information hereunder at your own risk.
7. Limitation of Liability; Indemnification
IN NO EVENT SHALL BB&D, ITS EMPLOYEES OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF SERVICE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE, AND REGARDLESS OF THE BASIS OF SUCH CLAIM, AND REGARDLESS OF WHETHER BB&D HAS BEEN ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL BB&D BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR INACCURACIES OF CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. IN NO EVENT SHALL BB&D, ITS AGENTS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES IN AN AMOUNT EXCEEDING THE AMOUNT PAID TO BB&D HEREUNDER.
You agree to defend, indemnify and hold BB&D and their employees, contractors, agents, officers and directors, harmless from and against any and all damages, causes of action, claims, liabilities and expenses (including but not limited to attorney’s fees) incurred by BB&D and arising from or in connection with (i) your use of, reliance on, and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) activities related to your account; (iv) your violation of any rights of a third party; (v) your violation of any applicable law, rule or regulation; and/or (v) your willful misconduct.
8. Copyright Complaints
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that material on our Site infringes your copyrighted work, please notify us at the address set forth below.
Bid, Buy & Drive, LLC
Attn: DMCA Notification
451 Toonigh Road, Woodstock, GA 30188
Phone: 770-517-4133
Email: [email protected]
Your notice must include the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyrighted work claimed to have been infringed; (c) a description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and identify that material; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
This procedure is solely for notifying BB&D that your copyrighted material has been infringed and is intended to comply with BB&D’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It is advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, it is BB&D’s policy to terminate in appropriate circumstances, Users who are deemed to be repeat infringers. BB&D may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Miscellaneous
A. Governing Law; Class Action and Jury Trial Waiver. Any action related to these Terms will be governed by the law of the State of Georgia, without regard to the choice of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the jurisdiction of the courts located in the State of Georgia. The parties agree that a party will bring all claims in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. You agree that, by entering into these Terms, you and BB&D are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Any claim or cause of action you may have with respect to BB&D or the Service must be commenced within one (1) year after the claim or cause of action arose.
B. Arbitration. For any dispute with BB&D, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. In the unlikely event that We have not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration. The arbitration shall be held only in Georgia. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the American Arbitration Association. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration, and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by any court having jurisdiction
C. Notification Procedures; Changes to Terms. BB&D may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by BB&D in our sole discretion. You may opt out of certain means of notification as described in these Terms at any time. BB&D reserves the right to update or revise these Terms at its discretion and without notice. You are responsible for checking the Terms periodically for changes and can review the most current version of the Terms at any time at: www.bidbuyanddrive.com. If you continue to use the Service following the posting of changes to the Terms, you agree to be bound by such modifications.D.Email Usage. By providing BB&D your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, special offers and newsletters. If you do not want to receive such newsletter email messages, you may unsubscribe to such messages using the link at the bottom of the email.