User Agreement Terms of Service

Bid, Buy & Drive, LLC

Effective April 26, 2026 | Last Revised August 4, 2026 (originally effective May 1, 2019)

User Agreement Terms of Service

Bid, Buy & Drive, LLC

Effective Date: April 26, 2026 Last Revised: August 4, 2026 (originally effective May 1, 2019)

Welcome to 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. 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 11.B, you will immediately discontinue your use of the Service. By registering to utilize our Service, 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. Material changes will be communicated via email and/or notice on the Site at least thirty (30) days before taking effect. Non-material changes (typographical corrections, clarifications, contact updates) may take effect upon posting. Your continued use of the Site and Service following the effective date of any revised Terms constitutes acceptance of the modifications. The most current version is available at all times at www.bidbuyanddrive.com.

If you have any questions regarding these Terms, please contact us at sales@bidbuyanddrive.com.

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, vehicle transport, payment escrow, or 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” include 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) take any action that imposes, or may impose, an unreasonable or disproportionately large load on BB&D infrastructure; (v) 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; (viii) interfere with the proper working of the Service; or (ix) circumvent measures used to 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) 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, or 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 by 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

A. Sellers

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. Sellers 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.

Sellers represent and warrant that: (i) they are the legal owner of the vehicle or are authorized to sell it; (ii) the vehicle has clear and marketable title; (iii) all material information about the vehicle’s condition, history, and known defects has been disclosed in the listing; and (iv) any photographs, videos, or descriptive content submitted accurately represent the vehicle. Sellers are solely responsible for any misrepresentations, omissions, or inaccuracies in their listings.

B. Buyers

If a 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 canceled. 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, in 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.

Buyers are strongly encouraged to inspect any vehicle (or arrange for inspection by a qualified third party) prior to submitting a bid. Vehicles are sold AS-IS, WHERE-IS, with all faults, and without any warranty from BB&D or, except as expressly stated by the Seller in writing, from the Seller.

C. Bid Increments

All bids must meet or exceed the current high bid plus the applicable minimum increment shown below. BB&D may modify the increment schedule at any time with notice posted to the Site:

D. Automatic Bidding and Reserve Prices

Bid Amounts. All bids on the Site must be entered in whole United States dollars (no cents). Bids entered with cent-level precision will be treated as whole dollar amounts by BB&D’s platform.

Manual and Automatic Bidding. BB&D supports both manual bidding and automatic (or “maximum”) bidding. In manual bidding, you place a specific bid amount. In automatic bidding, you enter the maximum amount you are willing to pay, and BB&D’s platform will place bids on your behalf up to (but not exceeding) that maximum, using the auction’s set bid increment, protecting your position as other bidders place competing bids.

Reserve Prices. Some auctions may include a reserve price — the minimum amount the seller will accept for the vehicle. The specific reserve amount is not disclosed to bidders; the auction listing indicates only whether a reserve exists and whether it has been met.

Automatic Bidding and Reserve Interaction. When your maximum bid amount is less than the reserve price, automatic bidding functions incrementally in the standard manner. When your maximum bid amount meets or exceeds the reserve price, the current bid will advance directly to the reserve amount, at which point the reserve indicator will show that the reserve has been met, and automatic bidding will continue from that point up to your maximum. You acknowledge and accept this behavior when placing any maximum bid.

Binding Bids. Every bid — whether placed manually or generated by automatic bidding — constitutes a binding offer to purchase the vehicle at the bid amount, plus the applicable Buyer’s Premium, subject to the terms of this Agreement and BB&D’s Final Sale & Dispute Policy. Bids cannot be retracted, modified, or canceled for any reason, including but not limited to buyer’s remorse, changes in personal circumstances, misunderstanding of the automatic bidding system, or claims of accidental entry. By placing a bid, you represent that you have read and understood how the bidding system works and accept full responsibility for all bids submitted under your account.

Winning Bidder Obligations. If you are the highest bidder at auction close and the reserve (if any) has been met, you are the “Winning Bidder” and are obligated to complete the purchase as described in the Payment Window and Title Transfer subsections below.

E. Payment Window

The winning Buyer must remit full payment for the winning bid amount, plus any Buyer’s Premium and applicable fees, within three (3) business days of the auction close. Payment timing and method are arranged directly between the Buyer and Seller, except for any portion payable to BB&D (such as the Buyer’s Premium), which is collected by BB&D through the Site. Failure to pay within three (3) business days constitutes a default and may result in: (i) forfeiture of any deposit; (ii) suspension or termination of the Buyer’s account; (iii) the listing being awarded to the next-highest bidder at BB&D’s discretion; and (iv) liability to BB&D and Seller for any resulting damages, including the difference between the winning bid and any subsequent sale price.

F. Title Transfer, Payment, and Transport

BB&D does not handle vehicle titles, take possession of vehicles, hold funds in escrow, or facilitate transport. Once an auction closes, BB&D will provide the winning Buyer with the Seller’s contact information, and the Buyer and Seller are responsible for arranging payment, title transfer, and transport directly between themselves in compliance with all applicable laws of the jurisdictions involved. BB&D’s role ends at the introduction of the parties; any disputes regarding payment, title, condition, or transport are between Buyer and Seller. BB&D may, but is not obligated to, assist in good-faith dispute resolution and reserves the right to suspend or terminate any User account in connection with such disputes.

G. 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 against 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, in 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 Premium, and Seller listing fees. The current Buyer’s Premium is two percent (2%) of the winning bid. BB&D may modify Buyer’s Premium, listing fees, or any other fee with at least thirty (30) days’ written notice (via email and/or notice posted on the Site). Modified fees apply only to auctions listed (or bids submitted) after the effective date of the change; auctions in progress at the time notice is given remain governed by the prior fee schedule. All payments to BB&D shall be made by credit card, debit card, or other payment method facilitated through the Site. All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You will pay any applicable taxes relating to such purchases or transactions. 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 Site 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 regard to any auctions in effect at the time of your cancellation, such auctions shall continue until their completion, and you remain bound by these Terms with respect to those auctions.

5. Off-Platform Transactions Prohibited

To protect the integrity of the auction process and the value of the Service to all Users, the following are strictly prohibited:

• Any User contacting another User outside the BB&D platform with the intent or effect of arranging, negotiating, or completing a transaction for a vehicle listed on the Site without paying applicable BB&D fees;
• Any Seller withdrawing a vehicle from auction and subsequently selling it to a User who interacted with the listing on the Site, within ninety (90) days of withdrawal, without notifying BB&D and paying the Buyer’s Premium that would have been due had the sale closed on the Site;
• Any User soliciting, encouraging, or facilitating an off-platform transaction in comments, messages, or any other communication channel;
• Sharing personal contact information (phone, email, address) within public listing comments for the purpose of arranging an off-platform transaction. (Note: BB&D will provide Buyer with Seller’s contact information after a successful auction close, as set forth in Section 3.E. This is the authorized channel for post-auction communication.)

Users found in violation may be subject to: (i) immediate account suspension or permanent ban; (ii) liability for liquidated damages equal to the Buyer’s Premium that would have been due on the off-platform transaction (which the parties agree is a reasonable estimate of BB&D’s damages, the actual amount being difficult to calculate); (iii) forfeiture of any pending referral credits or refunds; and (iv) any other remedies available at law or in equity. BB&D monitors comments, messages, and listing activity for indicators of off-platform circumvention and reserves the right to investigate suspected violations.

6. Comments and User-Generated Content

BB&D operates community discussion features (“Comments”) on listing pages and other areas of the Site, intended to enable Users to ask questions, share knowledge, and discuss the vehicles being auctioned. By posting Comments, you grant BB&D the same license over your Comments as set forth for Seller Owned Data in Section 2.A.

A. Moderation

All Comments are subject to moderation by BB&D. Initially, all Comments may require pre-approval by BB&D before becoming publicly visible. BB&D may, in its sole discretion, grant verified or trusted Users (based on criteria such as account tenure, completed transactions, and prior community conduct) the ability to post Comments without pre-approval. BB&D reserves the right to revoke this privilege at any time.

B. Prohibited Comment Content

The following are not permitted in Comments and may result in removal, account suspension, or permanent ban:

• harassment, personal attacks, threats, or hate speech;
• obscene, defamatory, or unlawful content;
• off-topic content unrelated to the listing or community;
• spam, advertising, or promotion of competing services;
• solicitation of off-platform transactions (see Section 5);
• disclosure of any User’s personal contact information (phone, email, address) without their consent;
• content that infringes any intellectual property right or other right of any third party;
• deliberate misinformation about a vehicle’s condition, history, or value.

C. BB&D’s Rights

BB&D may, at its sole discretion and without notice: (i) remove, edit, or refuse to post any Comment; (ii) close Comments on any listing or area of the Site; (iii) suspend or permanently ban any User; and (iv) cooperate with law enforcement regarding any Comment. BB&D is not obligated to monitor or moderate Comments and assumes no liability for User-generated content. BB&D’s failure to remove a particular Comment is not a waiver of these rules.

7. 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 BB&D, 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.

8. 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 NON-INFRINGEMENT, ARE HEREBY DISCLAIMED.

VEHICLES LISTED ON THE SITE 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 VEHICLE, 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.

9. 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 its 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 (vi) your willful misconduct.

10. 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: sales@bidbuyanddrive.com

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 does 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.

11. 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 sales@bidbuyanddrive.com to attempt to resolve the dispute informally. In the unlikely event that we have not been able to resolve a dispute 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 its 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 in accordance with the procedures set forth at the beginning of this document. The most current version of these Terms is available at all times at www.bidbuyanddrive.com.

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.

E. Severability; Entire Agreement

If any provision of these Terms is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms, together with the Privacy Policy and Final Sale & Dispute Policy, constitute the entire agreement between you and BB&D regarding the Service and supersede all prior agreements and understandings.

F. Contact

Questions about these Terms? Contact us at sales@bidbuyanddrive.com.