Terms & Conditions

BidACar, LLC Terms & Conditions of Use

Welcome to the BidACar, LLC website. Your use of our website and services is subject to the terms and conditions of use which are stated below.

The fees and charges for services and the Conditions of Use by BidACar Club Members shall also be governed by the Club Member Agreement. If the Conditions of Use stated herein are inconsistent with the Club Member Agreement Service Terms, the Club Member Agreement Service Terms will control.

LISTING and INVENTORY INFORMATION ARE NOT OFFERS

The posting of vehicles by a Seller in its inventory is not and shall not be deemed an offer to sell the vehicle. The posting is for general information only and is an invitation to potential buyer to make an inquiry about the car and/or make an offer.

Bidacar Dealer Users are required to authorize the publication of their retail inventory. Bidacar does not require access to the dealership's Dealership Management Software("DMS"). Bidacar has the ability, upon your request, to make private the particular inventory so as to prevnt said inventory from being displayed publicly. Except where authorized in writing by Bidacar, Users with inventory shall not be permitted.

A seller shall not post a vehicle as being available for sale if the vehicle is not available for sale at the time of the posting except where there is a full disclosure to that effect, e.g., indicating that the vehicle is "not currently available--coming soon." Sellers shall use reasonable efforts to promptly remove sold vehicles from their(publicly or privately?) posted inventory.

The posting of a vehicle and the contents of the post including but not limited to any and all assertions of fact are provided exclusively by the posting User and not verified by Bidacar. BidACar shall have no liability for information provided by a Seller regarding the availability of the car or its condition.

BidACar Services: BidACar facilitate the exchange of information and negotiation of a transaction. BidACar is neither an agent of either buyer or seller. BidACar never takes possession of any vehicles or certificates of title nor is BidACar involved with the transferring of title from Seller to Buyer. No communications made by BidACar shall be deemed an offer to sell or an offer to buy any vehicle.

ELECTRONIC COMMUNICATIONS

Communications are through an electronic means. When you use our services including via e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that all communications from you using the same or similar media shall all satisfy legal requirements that the communications or agreements be in writing. By electronically submitting an offer to purchase or sell a vehicle you agree that you are making a legally enforceable offer which may be electronically accepted by return electronic communication.

COPYRIGHT, LICENSE AND ACCESS

All user software and website content included in or made available through our Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BidACar, LLC, or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BidACar Website or other electronic communications is the exclusive property of BidACar or its content suppliers. Subject to your compliance with these Conditions of Use and your payment of any applicable fees, BidACar and/or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Website data and BidACar services. This license does not include any resale BidACar data, service or the contents of any BidACar website(hereinafter jointly referred to as "Site") or any collection and use of any product listings, descriptions, or prices; any derivative use of any BidACar service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BidACar, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No BidACar, LLC service nor any part of any service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BidACar, LLC.

YOUR ACCOUNT

If you use any BidACar, LLC you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BidACar, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel transactions in its sole discretion.

FEE STRUCTURE

  • Buy/Sell a vehicle $0-4,999.00 - $300.00
  • Buy/Sell a vehicle $5,000.00-24,999.00 - $350.00
  • Buy/Sell a vehicle $25,000.00-49,999.00 - $400.00
  • Buy/Sell a vehicle $50,000.00-74,999.00 - $600.00
  • Buy/Sell a vehicle $75,000.00-99,999.00 - $700.00
  • Buy/Sell a vehicle $100,000 and above - 1% of the cost of the vehicle

WARRANTIES -- TERMS OF SALE -- RISK OF LOSS-INSPECTION --ARBITRATION

Unless otherwise stated in an offer, the following general terms and conditions shall apply to a transaction.

  1. The buyer has the right to retract his initial offer within the 24 hour time period when and if the Seller makes a counter offer higher then the last bid by the buyer.
  2. In accepting an offer the Seller represents and warrants to the Buyer that; (a) the Seller is the owner of the vehicle and has full legal right and authority to sell the vehicle; (b) the Seller has the title in hand or can procure the title at time of delivery to buyer; (c) the vehicle's condition is accurately stated in the condition report and/or description provided by the Seller, and that unless otherwise disclosed in a condition report that the vehicle as not been involved in an accident which resulted in frame, structural or material mechanical damage, and does not have material mechanical defects.
  3. Unless otherwise agreed, Buyer shall pay the purchase price and the Seller shall provide the Certificate of Title and related title documents at time of delivery: provided, however, if the vehicle is subject to a lien paid off by the Seller, the Seller warrants that the lienholder has provided written confirmation of its receipt of the payoff and release of interest, and shall provide these documents to the Buyer at time of delivery.
  4. In the event of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity of it, this Agreement shall, at the option of any party, be settled by binding arbitration in accordance with the rules of JAMS applying the substantive law of the state of Washington, without regard to any conflict of laws provisions. The arbitration will be governed by the United States Arbitration Act 9 U.S.C. Sec. 1 et seq., and judgment upon the award rendered by the arbitrator may be entered by any court with jurisdiction. The arbitrator shall be empowered to award to the prevailing party all costs and expenses directly related to the arbitration, including but not limited to reasonable attorneys’ fees. The arbitration will be held in JAMS offices in Seattle, Washington.
  5. Even with the provisions of this Section, either party may bring a claim for injunctive relief before a United States court with jurisdiction without first submitting the claim to arbitration. No party shall seek to consolidate any such action in which a jury trial cannot be waived. Either party may request an arbitration by written notice to the other party which specifically states the basis for any claim being made and the relief requested. The arbitrator may base his decision on his inspection of the vehicle, the documents of sale, vehicle condition report and affidavits and/or written submissions. The arbitrator may, but is not required, to take oral evidence, and may request that an independent expert inspect the vehicle. The arbitrator may assess or allocate any expert fees between the parties has he deems appropriate.
  6. The laws of the State of Washington govern all matters. No legal action, except as described herein, may be commenced by a Buyer or Seller against the other, and both parties agree to resolve any dispute by arbitration.
  7. The point of sale shall be the Seller's principal place of business or other location located in the State of Washington. Jurisdiction and Venue of any action arising from or related to a transaction or other matter shall be in King County, Washington.
  8. Risk of loss and title shall pass upon Seller's delivery to the Buyer, or if applicable to a carrier.
  9. BidACar LLC, is NOT THE SELLER of any vehicle and does not make any warranties or promises about any vehicle and its condition, mileage, history, or otherwise. Buyer and Seller understand, represent, and warrant that BidACar shall have no liability related to any claim of breach of warranty, breach of contract by Buyer or Seller, misrepresentation, violation of law, or claims. Furthermore, Buyer and Seller shall indemnify, defend, and hold BidACar and BidACar’s affiliates, directors, officers, employees, agents, subsidiaries, successors and assigns from and against any and all damages, claims, liabilities, judgments, awards, penalties, fines and expenses, including but not limited to reasonable attorney’s fees and punitive or exemplary damages, resulting from or arising out of any vehicle purchase transaction between Buyer and Seller facilitated by BidACar.
    1. Procedures for Indemnification: In the event of any claim, suit or proceeding, the indemnified Party shall (i) notify the indemnifying Party in writing of such claim, suit, or proceeding; (ii) permit the indemnifying Party to assume control and defense of such action, with counsel chosen by the indemnifying Party (who shall be reasonably acceptable to indemnified party) and (iii) upon request of the indemnifying Party, cooperate in all reasonable respects, at the indemnifying Party’s sole cost and expense, with the indemnifying Party in the investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The indemnifying Party shall not enter into any settlement or compromise of any such claim without the indemnified Party’s prior written consent, which consent shall not be unreasonably withheld.
  10. You will also indemnify, defend, and hold BidACar, its affiliates, its and their licensors, content providers, service providers, employees, agents, officers, directors, contractors, successors, and assigns (collectively, the “Indemnified Parties”) harmless from any breach of these Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that “Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of Indemnified Parties in connection in addition to that. You will also indemnify, defend, and hold Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site, Content, or any other information accessed from the Site.
  11. BidACar, LLC encourages sellers to provide as full, accurate and complete information about the car as possible. BidACar, LLC does warrant the fullness, accuracy or completeness of this information, nor warrant that the descriptions or other content of any listing is accurate, complete, reliable, current, or error-free. If a vehicle offered by a Seller is not as described, the Buyer's sole remedy is to return it to the Seller in the same condition.
  12. A Buyer's rejection of a vehicle shall be made at time of delivery, if possible, and no later than 3 days thereafter, however, if the delivery is to a carrier, then Buyer shall have 3 days from the carrier's delivery of the vehicle to the Buyer's business location.

BIDACAR SOFTWARE TERMS OF USE

The following additional terms found relate any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with our services.

  1. You may not copy or duplicate the software or its content without prior written consent. We reserve the right to remove our software from any device at any time. We may update our software and download the updates without other or additional consent from you. We did not warrant that our software is compatible with other software which may be on your devices.
  2. You agree that our software coding and the content of our website is confidential, and that the software, including coding, structure and architecture is proprietary and a trade secret. You may not use, duplicate, copy, reliance, sell, assign, or transfer our software to devices not owned by you or to more than the number of devices you are authorized to use under our agreements.
  3. You may use the software solely for purposes of enabling you to use and enjoy our Services as provided by us and as permitted by the Conditions of Use, these software terms
  4. You may not incorporate any portion of the software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the software or otherwise assign any rights to it in whole or in part.
  5. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site or within the Content are registered and unregistered Trademarks of BidACar and other third parties that have authorized us to use such Trademarks on the Site or within the Content. Nothing contained on the Site or within the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such Trademark without the written permission of BidACar. Your use of the Trademarks displayed on the Site or within the Content, except as expressly provided in these Terms and Conditions, is strictly prohibited. You are also advised that BidACar will aggressively enforce its intellectual property or other proprietary rights to the fullest extent of the law.
  6. The Site and the Content may contain links to other sites not maintained by or related to BidACar. Links to such sites are provided as a service to you and are not sponsored by or affiliated with the Site, Content or BidACar. BidACar has not necessarily reviewed any or all of such sites and is not responsible for their content. Links are to be accessed at your own risk, and BidACar makes no representations or warranties about the content, completeness, or accuracy of these links or the sites linked to the Site or any Content. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by BidACar of that site.
  7. You may not use the software for any illegal purpose.
  8. We may cease providing any software and we may terminate your right to use it at any time.
  9. Your rights to use the software will automatically terminate without notice from us if you fail to comply with any of these software terms, the Conditions of Use or any other service terms.
  10. Any suspension or termination of your User account shall not affect your obligations to us under these Conditions of Use. The provisions of these Conditions of Use which by their nature should survive the suspension or termination of your access to or use of the Site, Services, and/or your account, shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions set forth below
  11. All software is the property of BidACar, LLC or its software suppliers and protected by United States and international copyright laws.
  12. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the software, whether in whole or in part, or create any derivative works from or of it.
  13. To keep the software up to date, we may offer automatic or manual updates at any time and without notice to you.
  14. You may not attempt to gain unauthorized access to any portion or feature of the Site or Content, or any other systems or networks connected to the Site or Content, or to any BidACar server, by hacking, password “mining,” or any other illegitimate means.
  15. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site.
  16. You must comply with all state and federal laws, including export and re-export restrictions and regulations of the State of Washington and the United States. You are responsible to collect and pay all taxes related to any transaction are required by applicable law of the jurisdiction you are in.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE US ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OUR SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR BY US, OR VIA OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OUR SERVICES OR SOFTWARE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.



DISPUTES

Any dispute or claim relating in any way to your use of any OUR SERVICES, OUR WEBSITE, THE CONTENT OF OUR WEBSITE, OR TRANSACTIONS ARISING FROM OR RELATED TO THE USE OF OUR SOFTWARE, WEBSITE OR SERVICES, SHALL BE resolved by FINAL AND BINDING arbitration, rather than in court. This provision SHALL NOT APPLY TO ANY CLAIM BY US FOR RELATING TO ANY CLAIM FOR VIOLATION OF COPYRIGHT, RIGHT TO PRIVACY, CONFIDENTIALITY, TRADE SECRET, UNAUTHORIZED USE OF OUR SOFTWARE, OR LICENSING VIOLATIONS.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing you're the full basis of the dispute. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.