Terms of Use: Dealer Auction, LLC
BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS OF USE AND ALL OTHER TERMS AND CONDITIONS IN CONNECTION WITH THE DIGITAL SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of a U.S. website, mobile app, or other digital service (each a "Digital Service") operated by Dealer Auction, LLC or one of its affiliates ("we", "us", "our" or "Dealer Auction, LLC").
The "Digital Services" shall collectively mean www.dealerauction.com and all our related components located thereon, being also sometimes referred to as the "DealerAuction platform", designed for vehicle auction listings and other information services.
Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the terms and conditions, including its sections, in the Highlights section or otherwise is intended to refer to the full Terms of Use and all terms and conditions posted as part of the DealerAuction platform below (collectively, the "Terms of Use").
These Terms of Use (including the binding arbitration provision located here) along with our Privacy Notice, any FAQs, and any additional guidelines, terms, procedures, or rules that may apply to a specific feature of the Digital Services (collectively, the "Agreement") that are owned or operated by Dealer Auction, LLC or its affiliates ("we", "us", "our", or "Dealer Auction, LLC"), are a contract in electronic form between you ("you," "your," and "yourself") and Dealer Auction, LLC. This Agreement applies to the extent you use the Digital Services to (a) act as a "Buyer" submitting bids expressing an intent to purchase vehicles or other products and services listed by Sellers on the Digital Services, (b) act as a "Seller" submitting information in connection with the listing of a vehicle or other product or service on a Digital Service by Dealer Auction, LLC on your behalf, or (c) as a visitor, registrant, or user in any other capacity permitted by these terms (together with "Buyers" and "Sellers", collectively, "Users"). This Agreement sets forth the legally binding terms governing your access and use of the Digital Services. This Agreement applies to Dealer Auction, LLC and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products, or services on the Digital Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Digital Services or any Content (as defined below).
The Digital Services and Content are for general information, discussion, and entertainment purposes only. The term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available through or in connection with the Digital Services. We make no representations or guarantees about any aspect of the Digital Services and Content and do not endorse any opinions expressed by any Users. THE DIGITAL SERVICES AND ALL CONTENT ARE PUBLISHED "AS IS" AND YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.
In addition to the foregoing, your use of the Digital Services may be subject to additional agreements accessible on the DealerAuction platform, which may be established and amended from time to time.
The Digital Services include a platform for vehicle listings and information services. We are not the creator or owner of the items posted on the Digital Services by Sellers for Buyers to bid on. Rather, we provide the Digital Services, which enable Users to access certain features and functionalities, including posting vehicles and other products and services, and bidding on such products and services. Sellers are responsible for ensuring that any of their User Content meets all applicable local, state, provincial, national, and other laws, rules, and regulations, and that any goods (including vehicles) and services promoted, offered, or otherwise described on the Digital Services are described in listings, and/or delivered as described, in an accurate and satisfactory manner. For any payment processing related to Purchases made on the Digital Services, if the Seller or third party responsible for the applicable vehicle or other good or service selects a payment processing method that uses a third party to process the payment, then we do not process that payment transaction.
As part of the Digital Services, Dealer Auction, LLC may assist Sellers in the creation of their listings (including the content of such listing), but it remains each Seller's responsibility to make sure that its listings are accurate.
DEALER AUCTION, LLC IS NOT AN AUTOMOBILE BROKER, DEALER, OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE, OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. DEALER AUCTION, LLC HAS NEVER: (1) HELD TITLE FOR ANY VEHICLE LISTED ON DEALER AUCTION, LLC SITES; (2) INSPECTED ANY VEHICLE LISTED ON DEALER AUCTION, LLC SITES; (3) SET OR NEGOTIATED PRICES FOR ANY VEHICLE LISTED ON DEALER AUCTION, LLC SITES; (4) HAD ANY VEHICLE LISTED ON DEALER AUCTION, LLC SITES IN ITS POSSESSION; (5) SHIPPED, DISTRIBUTED, OR DELIVERED ANY VEHICLE LISTED ON DEALER AUCTION, LLC SITES; OR (6) SOLD A VEHICLE LISTED ON DEALER AUCTION, LLC SITES BY CONSIGNMENT.
In connection with your access to or use of the Digital Services, we may obtain information from you directly or about you through the Digital Services. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.
The information you submit to us through the Digital Services, including as part of your account creation, registration, or membership, or for any listings, must be truthful, accurate, and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate, or current, we have the right to terminate, suspend, or refuse you access to the Digital Services.
We may send you information relating to your use of the Digital Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Digital Services are not intended for access or use by children, especially those under the age of 18. If you are under the age of 18, you may not access or use the Digital Services or provide information to us.
By accessing or using the Digital Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Digital Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Digital Services.
(a) You may set up an account to access or use the Digital Services. You are responsible for maintaining the confidentiality of your username, password, and other credentials (your "Credentials") that you may be asked to create to access the Digital Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Dealer Auction, LLC of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
(b) Dealer Auction, LLC may in its sole discretion maintain different types of accounts for different types of Users. If you open an account to use or access the Digital Services on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement and that you agree to the Agreement on the entity's behalf.
The rights granted to you in this Agreement are subject to the following restrictions:
Any future release, update, or other addition to functionality of the Digital Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Digital Services content or materials must be retained on all copies thereof. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide Dealer Auction, LLC any feedback or suggestions for improving or regarding your use of the Digital Services ("Feedback"), you hereby assign to Dealer Auction, LLC all rights in the Feedback and agree that Dealer Auction, LLC shall have the right to use such Feedback and related information in any manner it deems appropriate. Dealer Auction, LLC will treat any Feedback you provide to Dealer Auction, LLC as non-confidential and non-proprietary. You agree that you will not submit to Dealer Auction, LLC any information or ideas that you consider to be confidential or proprietary.
"User Content" means any and all information and content that a User submits to, or uses with, the Digital Services (e.g., photos, audio, video, messages, text, files, or other content you provide us, including any listings that appear on the Digital Services (regardless of any role that Dealer Auction, LLC has in the listing)), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Dealer Auction, LLC. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Dealer Auction, LLC be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Dealer Auction, LLC an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Digital Services are solely between you and such User. You agree that Dealer Auction, LLC will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Digital Services, we are under no obligation to become involved. We are not a party to any vehicle sale contract between any Buyer and Seller that originates on or through the Digital Services and you are solely responsible for any of your interactions with other Users (including transacting for a Purchase involving a vehicle). Dealer Auction, LLC may remove or modify any User Content without notice or liability at any time in Dealer Auction, LLC's sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dealer Auction, LLC shall have no liability for your interactions with other Users, or for any User's action or inaction.
Unsolicited Submissions
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other User-generated submission, and may use your name and any stories you provide us in articles or other features published on the Digital Services or in our publications, advertising, or sponsored content. Dealer Auction, LLC can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising, or sponsored content.
Invited Submissions
From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit through the Digital Services.
Publicly-Available Information
From time to time, we may use information about you as you make available on your own website or information that you provide online. Any such website or information shall be deemed part of your Invited Submissions. We may obtain and you hereby consent to our use of any and all information accessible on your website as it pertains to any and all agreements between you and us for any purpose, including without limitation and by way of example only, we may use such information to verify information provided to us and correct errors in listings on the Digital Services, and, for dealers, in verifying your status as a dealer on the Digital Services.
If we become aware of a User's violation of this Agreement, including the rights of any other User or third party, we may take certain remedial steps, including refusing access to the Digital Services to any person or entity and change eligibility requirements at any time.
If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User's access to the Digital Services. We reserve the right (but have no obligation) to review information we obtain from or about you and your use of the Digital Services, to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any User account, registration, or membership), legal action, and/or reporting you to law enforcement authorities.
Dealer Auction, LLC reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you (including unsolicited or invited submissions), postings, or emails you make on or send through the Digital Services. Dealer Auction, LLC may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Dealer Auction, LLC believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting, or emails, remove the material permanently, cancel postings, warn Users, suspend Users and passwords, terminate accounts, or take other corrective action it deems appropriate. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS DEALER AUCTION, LLC (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEALER AUCTION, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DEALER AUCTION, LLC OR LAW ENFORCEMENT AUTHORITIES.
Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of this Agreement, including the following:
If you've violated this Agreement, then you're also responsible for damages to Dealer Auction, LLC caused by your violation of this Agreement. If we close your user account or terminate your use of the Digital Services for any reason, we'll provide you with notice of our actions.
You are responsible for all claims, fees, fines, penalties, and other liability incurred by Dealer Auction, LLC, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Digital Services. For Dealers, this shall include buyer fees due to Dealer Auction, LLC that are not paid by buyers in connection with a breached, failed and/or disputed delivery.
We do not guarantee that any or all of the Digital Services or any Content will be made available through the Digital Services. We may change, modify, edit, suspend, discontinue, or otherwise manipulate the Digital Services, Content, or any part, feature, or service of the Digital Services at any time with or without notice to you. You agree that Dealer Auction, LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital Services, Content, or any part thereof.
(a) Payment of Fees. You agree to pay any applicable fees (including any initial deposit made as a Buyer in connection with a bid, certain Buyer's fees, and Seller access fees set forth on our website) in connection with bids or for any purchases you make of any products, features, and/or services (collectively, "Purchases") listed on the Digital Services, including, without limitation, any applicable sales, use, or similar taxes or charges.
All payments made by you to Dealer Auction, LLC shall be facilitated through Stripe, Inc., Dealer Auction, LLC's third-party payment processing service. Stripe's terms of service can be found at https://stripe.com/us/terms. All information that you provide in connection with a Purchase must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a Purchase on the Digital Services at the prices in effect when such charges are incurred. You shall at all times have a payment method on file with your account when using the Digital Services and pay all fees and applicable taxes associated with your use of the Digital Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or Dealer Auction, LLC may collect amounts and late fees will apply. Dealer Auction, LLC, or the collection agencies we retain, may also report information about your account to credit bureaus. If you wish to dispute the information Dealer Auction, LLC reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at support@dealerauction.com.
Prices listed for vehicles or any other products or services listed by Sellers on the Digital Services are set by the Sellers and Dealer Auction, LLC is not responsible for setting or negotiating any prices or related fees. Note that vehicles are not allowed to be sold in a currency other than US Dollars.
(b) No Refunds. All Purchases made from a Seller using the Digital Service are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a Purchase or have any questions, you must directly contact the applicable Seller.
(c) Bidding and Auction.
(i) Reserve and Publication. In order to use the Digital Services to list a vehicle or other product, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the "Reserve") or whether no such minimum bid is required ("No Reserve"). Dealer Auction, LLC will only approve a listing for publication on the Digital Services once a Seller has either selected a Reserve or selected "No Reserve" for the applicable listing.
(ii) Seller Acknowledgment. If you or any other User submits a vehicle or other product or service to sell on the Digital Services, and we accept such vehicle, product, or service, then you, or such other User, are considered a "Seller" on the Digital Services. You are responsible in all respects for the User Content and any other information related to any vehicle, product, or service you decide to sell. IN THE EVENT A USER ACCESSES OR USES THE DIGITAL SERVICES TO SELL A VEHICLE OR OTHER PRODUCT OR SERVICE AS A "SELLER," ANY SUCH USER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER'S LISTING IS MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES, SUCH SELLER MAY NOT LIST, POST, OR OTHERWISE MAKE AVAILABLE THE APPLICABLE VEHICLE OR OTHER PRODUCT OR SERVICE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE.
(iii) Buyer Acknowledgment. Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via the Digital Services are binding and thus due and payable to Dealer Auction, LLC in accordance with the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Digital Services. If you decide to bid on a vehicle that has been listed by a Seller on the Digital Services, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed vehicle and does not in and of itself create a formal contract between you as the Buyer and such Seller. We do not inspect any vehicles or any other goods that a Seller lists on the Digital Services. In certain circumstances, following the close of an auction, if no bid has met the Seller's Reserve, Dealer Auction, LLC may (in its sole discretion) offer to pay Seller a separate amount to make up the difference between the Reserve and the highest bid (the "Make Whole Amount"); provided, that if Dealer Auction, LLC provides such Make Whole Amount to Seller, Seller hereby agrees to return it to Dealer Auction, LLC if Seller's vehicle is not sold to such highest bidder within 30 days.
If you have a dispute with one or more Users of the Digital Services (including merchants) or any other third parties, you release Dealer Auction, LLC (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners, and officers, directors, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to indemnify and hold Dealer Auction, LLC (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners, and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expenses (including, without limitation, costs and reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any User or third party (each, a "Claim") due to or arising out of (a) your use of the Digital Services or Content, (b) information you provide or we obtain about you and your use of the Digital Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations, or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials). Dealer Auction, LLC reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of Dealer Auction, LLC.
THE DIGITAL SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
IN ADDITION TO, AND WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OF WARRANTIES DETAILED HEREIN, YOU AGREE THAT: (A) DEALER AUCTION, LLC DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE VEHICLE'S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS, OR MERCHANTABILITY, (B) NO INFORMATION OBTAINED ON DEALER AUCTION, LLC SITES WILL CREATE ANY WARRANTY, EXPRESS OR IMPLIED, (C) YOU HAVE NOT AND WILL NOT RELY UPON ANY REPRESENTATION AS TO THE VEHICLE'S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS, OR MERCHANTABILITY, AS COMING FROM DEALER AUCTION, LLC, AND (D) DEALER AUCTION, LLC MAKES NO WARRANTY CONCERNING ANY VEHICLE'S TITLE. DEALER AUCTION, LLC DISCLAIMS ALL VEHICLE-RELATED REPRESENTATIONS, GUARANTEES, AND WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
You agree that any reliance on vehicle information on Dealer Auction, LLC sites is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, quality, safety, condition, pricing, financing, insurance and the like are not the fault or responsibility of Dealer Auction, LLC. The purchase of a vehicle encompasses multiple disciplines and Dealer Auction, LLC is not an expert on matters such as vehicle market valuation, laws relating to vehicles, taxes relating to vehicles, vehicle financing, vehicle registration, vehicle insurance, vehicle condition safety, and inspections, or vehicle mechanical fitness and engineering. Dealer Auction, LLC hereby cautions you, and you understand and acknowledge, that you should seek professional expert assistance and advice in these and other areas of professional expertise as appropriate.
DEALER AUCTION, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A VEHICLE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEALER AUCTION, LLC IS NOT LIABLE, AND YOU AGREE NOT TO HOLD DEALER AUCTION, LLC RESPONSIBLE, FOR ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID DEALER AUCTION, LLC IN THE PRIOR 12 MONTHS (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
The Digital Services might contain links to third-party websites, apps, or other services (e.g., social media platforms), and advertisements for third parties (collectively, "Third-Party Services & Ads"). Such Third-Party Services and Ads are not under the control of Dealer Auction, LLC and Dealer Auction, LLC is not responsible for any Third-Party Services and Ads. Dealer Auction, LLC provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party's terms and policies apply, including the third party's privacy policies.
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
These Terms of Use apply to you as soon as you access the Digital Services by any means and continue in effect until they are validly terminated. As described below, some terms remain applicable even after termination.
Dealer Auction, LLC may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Digital Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Digital Services, or (iii) using the Digital Services in an abusive or dishonest manner, for example, by bidding on your or a friend's listing to artificially inflate the final price.
You agree to pay any applicable fees (including Buyer's fees and Seller listing fees, and any applicable taxes, duties, or charges (including, without limitation, tax, sales, use, or similar taxes or charges)) when you make a bid or purchase any of the Services ("Fees"). You also agree that, when making a bid, Dealer Auction, LLC will place a hold on your payment card for the amount of the Buyer's fees (which will be released in the event you are not the highest bidder). Details of applicable Fees are set out in the "How Our Fees Work" section of the How It Works page.
For the purpose of charging you the Fees, we use Stripe, Inc., as our third-party payment processing service. Stripe's terms of service can be found at https://stripe.com/legal/consumer. When you make a purchase of our Services, you agree that you will give us or Stripe accurate, complete, and current information, and pay the necessary credit or debit charges and taxes, if any.
Where a Buyer and Seller enter into an agreement for the sale and purchase of a vehicle, the Buyer and Seller are responsible for ensuring that the agreed price for the vehicle is paid by the Buyer to the Seller. We are not a party to this transaction. Buyers and Sellers acknowledge that any and all taxes, duties, or charges that are or become due in relation to the sale of a vehicle or other product made with the assistance of the Services is the responsibility of, and for the account of, the Seller and/or the Buyer (as applicable) and not Dealer Auction, LLC.
If you make a request to Dealer Auction, LLC to list a vehicle on the Digital Services, and we accept such listing, then you are considered a Seller. As a Seller, you are responsible for ensuring that your Listing Content and/or User Content and any other information related to any vehicle you provide to Dealer Auction, LLC or to other Users is complete, accurate, and not misleading, and that you provide all information about each vehicle as required by applicable law.
As the Seller of a vehicle, you confirm and promise that you are the legal owner of such vehicle (or otherwise have authorization from the legal owner to sell the vehicle), that the vehicle will be provided to the Buyer in the same condition as described in the relevant Listing Content, that the vehicle is compliant with all relevant laws and is not associated with or derived from criminal activity of any form (including tax evasion, money laundering, or terrorist financing), and that the vehicle is safe to drive. If the vehicle is not safe to drive and the intention is for it to be sold for spares or for repair/reconditioning, then this must be made explicit to Dealer Auction, LLC when you initially enquire about auctioning the vehicle.
Sellers are required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the "Reserve") or whether no such minimum bid is required. Subject to any circumstances outside of the Seller's reasonable control, Sellers agree to sell each of their vehicles listed on the Digital Services to the Buyer that places the highest valid bid during the relevant listing period, provided that (if applicable) the relevant Reserve has been met, and provided that such highest bidder has acted in compliance with these Terms of Use and the Policies.
In certain circumstances, following the close of an auction, if no bid has met the Seller's Reserve, Dealer Auction, LLC may (in its sole discretion) offer to pay the Seller a separate amount to make up the difference between the Reserve and the highest bid (the "Make Whole Amount"); provided, that if Dealer Auction, LLC provides such Make Whole Amount to the Seller, the Seller hereby agrees to return to Dealer Auction, LLC the Make Whole Amount if, following such payment, the Seller's vehicle is not sold to the highest bidder within 30 days.
If your listing is made available on our Digital Services, you agree that you will not list, post, or otherwise make available for sale the same vehicle during the relevant listing period for that vehicle. This is to ensure that where a Buyer submits a bid for a vehicle, that vehicle will not be sold to another person.
When using the Services to bid for a vehicle, you acknowledge and agree that:
Buyers acknowledge that Sellers provide Listing Content to Dealer Auction, LLC and it is the Seller that is responsible for the accuracy and completeness of the Listing Content. Dealer Auction, LLC does take reasonable skill and care to verify such Listing Content before any listing goes live, but otherwise Dealer Auction, LLC will not be liable to you or any third party for any loss or damage incurred as a result of the Listing Content being incorrect, misleading, or incomplete. Note that vehicles may not be sold in a currency other than US Dollars.
You confirm that you have all the necessary rights (for example, intellectual property rights) in the Listing Content you provide to Dealer Auction, LLC in respect of each vehicle you seek to sell on the Digital Services and that use of the Listing Content in connection with the Digital Services won't infringe any third party's rights.
When you submit Listing Content to us or post User Content on the Digital Services, you grant us a non-exclusive, irrevocable, worldwide, sublicensable, perpetual, royalty-free, and fully paid right to reproduce, distribute, display, prepare derivative works of, incorporate into other works, and otherwise use such Listing Content or User Content in any media currently known or that may be developed in the future. To the extent applicable/permissible, you also waive your moral (non-economic) rights in the Listing Content and/or the User Content and agree that you will not exploit or assert such rights in any form. Dealer Auction, LLC will not own any Listing Content that you provide for the purpose of listing vehicles on the Digital Services.
Because we do not control the accuracy, suitability, or quality of User Content, we are not responsible for, and make no guarantees regarding, such User Content. We may remove any User Content without prior notice if we reasonably believe that such User Content is untrue, misleading, illegal, unlawful, defamatory, libelous, harmful, infringing, irrelevant, or indecent. If you wish to report any User Content, please notify us by emailing mail@dealerauction.com.
Regardless of any industry custom or practice, we will not pay you for the use of any content (including Listing Content or User Content) that you submit through the Services. The name "Dealer Auction, LLC" and other marks, logos, designs, and phrases that we use in connection with our Services and on the Digital Services are the sole property of Dealer Auction, LLC and/or its connected companies. They may not be used unless we expressly give prior authorization in writing.
All purchases made by Buyers from Sellers are between the applicable Buyer and Seller, and we cannot guarantee that we will become involved in any returns process or dispute. In the event that you are seeking a refund related to a vehicle purchase or have any questions about the vehicle (including in respect of deliveries or returns), you should directly contact the applicable Seller. Consumer Buyers are owed certain legal rights in respect of returns and refunds where they are making a purchase from a Business Seller.
You confirm that, at all times during your use of the Services and the Digital Services and the sale or purchase of any vehicle using the Services, you are not included on or acting on behalf of any person who is included on any Sanctions List and you are not subject to any Export Controls.
In this Section:
If you are a Business User, you also confirm that you are not owned or controlled by, directly or indirectly, or acting on behalf of, an individual or entity which is included on any Sanctions List, and that neither payments made by you nor the delivery of any vehicle to you will expose Dealer Auction, LLC or its affiliates, employees, agents, banks, or insurers to any breach of Sanctions or Export Controls.
Please see our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice.
Dealer Auction, LLC has access to the following User data:
Dealer Auction, LLC shares User data (as described in this Section) if:
The Privacy Notice provides further information about such sharing of data. Where a User conducts a search on the Digital Services (for example, to search for a particular vehicle), search results will be ranked based on: (i) relevance to the search term, and (ii) the time remaining to place a bid. The relevance of a search result is measured primarily by how closely the words in the search match the words in the search result.
Nothing in these Terms of Use limits our liability for personal injury or death caused by our negligence, fraud, or any matter that cannot be limited or excluded by law.
Subject to the paragraph above, we will not be liable to you or any third party for any loss or damage resulting from the unauthorized use of your Credentials, unless such use is due to our negligence. We will also not be liable for any loss or damage arising from your failure to comply with these Terms of Use or the Policies. We will not be liable to you for any loss or damage arising from your inability (or any third party's inability) to use the Services or the Digital Services where this has been caused by circumstances that are beyond our reasonable control. We will do our best to ensure that the Services are available to you at all times and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed.
If you are a Business User:
We (and our affiliates, including any parent company(s), subsidiaries, directors, agents, employees, contractors, partners ("Affiliates")) shall not be liable to you in contract, tort (including negligence), or otherwise for any business losses, such as loss of data, profits, goodwill, revenue, business, opportunity, reputation, or business interruption or for any other losses which are not reasonably foreseeable or known to us arising directly or indirectly from:
You agree to indemnify and hold us (and our Affiliates) harmless from and against any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability (including tax liabilities), cost, expenses (including, without limitation, costs and reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), investigation, or enquiry made by any User or third party (each, a "Claim") due to or arising out of (a) your breach of these Terms of Use and/or any of the Policies; (b) your breach of applicable laws or regulations, or (c) the actions or inactions of any third party to whom you grant permission to use your user account to access the Services.
We reserve the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any Claim or matter without the prior written consent of Dealer Auction, LLC. Subject to Section 13(a) above, Dealer Auction, LLC's total liability (including that of its Affiliates) to you under these Terms of Use is capped at $5,000.
The Digital Services might contain links to third-party websites, including on our third-party referral page, apps, or other services (e.g., social media platforms), and advertisements for third parties (collectively, "Third-Party Services & Ads"). Such Third-Party Services and Ads are not under our control and we are not responsible to you for any Third-Party Services and Ads. We provide these Third-Party Services and Ads only as a convenience and we do not review, approve, monitor, endorse, or make any commitments with respect to Third-Party Services and Ads.
If you have any complaints about our Services or the Digital Services, please contact Support@dealerauction.com.
In the event you have a dispute with another User, you should seek to resolve such dispute directly with that other User. Dealer Auction, LLC is not a party to any contract of sale between Buyers and Sellers. We may, but are under no obligation to, monitor disputes between you and other Users, but shall have no liability to any User in respect of such dispute. To the extent you are a Consumer Buyer purchasing a vehicle from a Business Seller, you may find Dealer Auction, LLC's consumer guidance helpful.
In the event you have a dispute with Dealer Auction, LLC, please contact us directly in the first instance so we can aim to resolve the dispute with you informally.
The owner of the www.dealerauction.com is based in the State of Texas in the United States. We provide www.dealerauction.com for use only by persons located in the United States. We make no claims that the Digital Services or any of its Content is accessible or appropriate outside of the United States. Access to the Digital Services may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
We reserve the right to withdraw or amend this Digital Services, and any service or material we provide on the Digital Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Digital Services or the entire Digital Services.
You are responsible for both:
To access the Digital Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Digital Services that all the information you provide on the Digital Services is correct, current, and complete. You agree that all information you provide to register with this Digital Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Digital Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
34.1 Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and Dealer Auction, LLC arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital Services.
34.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND DEALER AUCTION, LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND DEALER AUCTION, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
34.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Dealer Auction, LLC must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of Tarrant County, Texas. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Tarrant County, Texas. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Tarrant County, Texas.
We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
These Terms of Use apply to you as soon as you access the Digital Services by any means and continue in effect until they are validly terminated. Dealer Auction, LLC may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Digital Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Digital Services (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Digital Services. You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services shall not affect any right or relief to which Dealer Auction, LLC may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Dealer Auction, LLC and its licensors and all rights granted by you to Dealer Auction, LLC shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services, the following provisions of this Agreement will survive: Sections 2 – 40.
This Agreement (including the Privacy Notice and any additional agreements, guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services) constitutes the entire agreement between you and us regarding the use of the Digital Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
We may revise, prospectively, this Agreement by posting an updated version on the Digital Services or by providing you with notice (by email or other notification through the Digital Services). You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Digital Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.
Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Copyright © 2026, Dealer Auction, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Digital Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.