Terms of Use

Terms of Use: Dealer Auction, LLC

Last revised on: 05/22/2025

Terms of Use

BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. 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. Read more in section 24. Dispute Resolution (Arbitration Clause and Class Action Waiver).

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 include a platform for vehicle listings and information services. 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: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (3) HAD ANY VEHICLE LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

Please review the full Terms of Use below for a detailed explanation of applicable terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below.

Highlights

Application and Acceptance of the Terms of Use

  • Each time you access or use the Digital Services, you agree to be bound by the Terms of Use (including the binding arbitration provision located in the section entitled “Dispute Resolution (Arbitration Clause and Class Action Waiver)”) 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.
  • You acknowledge that we will use information we obtain about you in connection with your access to and use of the Digital Services in accordance with our Privacy Notice.
  • We may provide services that are not described in these Terms of Use, or customized services; unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Use, these Terms of Use will apply to those services as well.
  • You acknowledge and agree that the Agreement is solely a contract between you and Dealer Auction, LLC and it expressly does not govern any sale, transaction, or other relationship between you and any other User, any third party, or between any other Buyers and Sellers.

Your Responsibilities

  • You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Digital Services.
  • You are solely responsible for any information (including any information used in any listing) you provide to us.
  • You are responsible for your conduct in relation to the Digital Services, and your access to or use of the Digital Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Digital Services” of the Terms of Use below, as well as any additional terms and conditions that may be provided by us as part of the Agreement and applicable to you.

Intellectual and Other Proprietary Rights

  • As between Dealer Auction, LLC and you, Dealer Auction, LLC owns all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content.
  • You may not build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
  • 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 any information you provide, investigate, and/or take appropriate action against you or any other User in our sole discretion.

Release, Indemnity, Disclaimers, and Limitation of Liability

  • 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 all damages, losses, liabilities, costs, or expenses, arising out of any dispute between you and any other User or third party relating to your use of the Digital Services.
  • 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 expense, including, without limitation, costs and reasonable attorneys’ and accounting fees, 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”) relating to or arising out of (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of the Terms of Use; (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 disclaims any warranties and provides the Digital Services “as is”.
  • Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.

Third Parties

  • Dealer Auction, LLC is not responsible for any links to third-party websites, apps, or other services, including social media platforms.
  • 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.

Termination

  • Dealer Auction, LLC may, in its sole discretion, terminate your password, account (or any other part of your Credentials), access to 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.

Changes to the Terms of Use

  • We may revise the Terms of Use prospectively by posting an updated version on the Digital Services or by providing you with notice (by email or other notification through the Digital Services).
  • Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.

Governing Law and Severability

  • The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA, without giving effect to any law that would result in the application of the law of another jurisdiction.
  • The Agreement (including the Privacy Notice and any additional 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.
  • If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use 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.

Copyright Policy

  • If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.

Terms of Use

1. Application and Acceptance of this Agreement

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.

2. Our Role

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: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (3) HAD ANY VEHICLES LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

3. Privacy Notice

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.

4. Accuracy of Your Information & Communication Methods

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.

5. Age Eligibility and Legal Capacity

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.

6. Your Account; Username, Password, and Other Credentials

(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.

7. Intellectual and Other Proprietary Rights

The rights granted to you in this Agreement are subject to the following restrictions:

  • The Digital Services include Content that is derived in whole or in part from content or materials supplied and owned by Dealer Auction, LLC, Dealer Auction, LLC’s licensors, or third parties. As between Dealer Auction, LLC and you, Dealer Auction, LLC owns all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Digital Services and Content except, if applicable, with respect to your User Content (as defined below).
  • You acknowledge Dealer Auction, LLC’s valid intellectual and proprietary property rights in the Digital Services and Content and that your use of the Digital Services is limited to accessing, viewing, and downloading of the Digital Services and Content, as authorized by Dealer Auction, LLC. Nothing in this Agreement shall be deemed to convey to you any right, title, or interest into such intellectual and proprietary property rights or to the Digital Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
  • You may not either directly or through the use of any computer, tablet, phone, or other device (each a “Device”) or other means (including the use of a browser, software, program, or code), remove, alter, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Digital Services (including any code used in any software) or Content.
  • You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Digital Services or Content unless expressly permitted by Dealer Auction, LLC in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit the Digital Services or Content via, any hardware or software application or make the Digital Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Digital Services or Content with any third-party content, materials, or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape, or aggregate the Digital Services, Content, or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers and infrastructures.
  • You may not build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
  • To the extent we make the Digital Services or Content available to you via a widget, embedded player, or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
  • You are prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology to view the Digital Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

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.

8. User Content

“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, currency, 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). Additionally, you acknowledge that other Users may post comments about your User Content which may be derogatory, and Dealer Auction, LLC has no obligation to monitor or delete any such User Content. 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.

9. User Submissions

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. If you provide us with personal anecdotes, they may be attributed to you. 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.

10. Enforcement

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. If Dealer Auction, LLC elects to modify User Content, Dealer Auction, LLC nonetheless assumes no responsibility for the User Content.

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 seek to gather information from the User who is suspected of violating this Agreement and from any other User. 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. Dealer Auction, LLC may cooperate with law enforcement authorities or court order requesting or directing Dealer Auction, LLC to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement. 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 (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) 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.

11. Your Conduct and Responsible Use of the Digital Services

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:

  • No Criminal or Unlawful Conduct.

    You may only use the Digital Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • Your Materials Must be Lawful and Appropriate.

    You may not store, upload, post, transmit, or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy, or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing, or transmitting unlawful User Content, material, or information could expose you to criminal and/or civil liability.
  • Content Posted by You Must be Yours.

    You may not store, upload, post, transmit, or otherwise distribute or facilitate the distribution of User Content, material, or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights. You agree that if a third-party claims that User Content, material, or information you have posted on or contributed to the Digital Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material, or information publicly posted or privately transmitted on or through the Digital Services are the sole responsibility of the sender, not Dealer Auction, LLC, and that you are responsible for all User Content, material, or information you upload, publicly post, or otherwise transmit to or through the Digital Services. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to our Digital Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
  • No Collection of Personal Information from Others.

    You may not, through manual or automated means, collect, harvest, gather, assemble, or store personal information about other Users of the Digital Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so-called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Digital Services by any other User or third party, including placing malware on the Digital Services.
  • No Bullying, Impersonation, or Interference.

    You may not use the Digital Services to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Dealer Auction, LLC or with any other person or entity. You may not restrict, inhibit, or interfere with any other User or third party from using or enjoying the Digital Services.
  • No System Abuse.

    You may not upload, post, or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Digital Services, any other online services, or to obtain unauthorized access to the Digital Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Digital Services.
  • No Violations of Security Systems.

    You are prohibited from using the Digital Services to compromise the security or tamper with, or gain unauthorized access to, the Digital Services, Content, online accounts, or any other computer systems, resources, or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Dealer Auction, LLC reserves the right to release your details to relevant third parties, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.
  • No Transmission of Fraudulent Funds.

    In the course of sending payments, whether to us or to Sellers, you shall not transmit what we believe to be potentially fraudulent funds.
  • No Violation of Payment Card Rules.

    You shall not use your user account or the Digital Services in a manner that we, Visa, MasterCard, American Express, Discover, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  • Cooperation.

    You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to us.
  • No Circumvention.

    You may not circumvent any Dealer Auction, LLC determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations, or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional user account(s) when an account has been restricted, suspended, or otherwise limited; opening new or additional user accounts using information that is not your own (e.g., name, address, email address, etc.); or using someone else’s user account.

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:

  • Terminate this Agreement, limit your user account, and/or close or suspend your user account, immediately and without penalty to us;
  • Refuse to provide the Digital Services to you in the future;
  • Limit your access to your user account or any of the Digital Services, including limiting your ability to pay with any of the payment methods linked to your User account;
  • Update inaccurate information you provided us; or
  • Take legal action against you.

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.

12. Availability of and Modification to the Digital Services and Content

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.

13. Fees, Purchases, and Referrals

(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 listing fees set forth on our website in connection with bids or for any purchases you make of any products, features, and/or services (“Purchases”) listed on the Digital Services, including, without limitation, any applicable sales, use, or similar taxes or charges. Certain products, fee-based services, or features that you purchase, access, or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of purchase, access, or download.

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 (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees, and Seller listing fees) 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 also agree to pay any applicable taxes, if any, relating to any Purchase.

For any Purchases you make directly from a Seller on or through the Digital Services that involve payment processing, if such Seller selects a payment processing method that uses a third party to process the payment, then we do not process the transaction.

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. Listed prices set by the Sellers on the Digital Services may 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. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.

Note that vehicles may be sold in a currency other than US Dollars. You should be aware that, where this is the case, you will need to bid for and pay for the vehicle in the currency specified on the listing for the vehicle.

(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”). A Seller may reduce or waive a Reserve during the auction by notifying Dealer Auction, LLC of such change via email or, if available, Dealer Auction, LLC’s web-based notification tools made available to Seller. 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. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Agreement.

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. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY DEALER AUCTION, LLC (IN OUR SOLE DISCRETION).

(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. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of this Agreement and the Digital Services, neither of which bind the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.

We do not inspect any vehicles or any other goods that a Seller lists on the Digital Services. You acknowledge and agree that Dealer Auction, LLC bears no risk associated with purchasing a vehicle from a Seller listed via 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 in connection with the foregoing, Seller hereby agrees to return to Dealer Auction, LLC the Make Whole Amount if following such payment, such Seller’s vehicle is not sold to such highest bidder within 30 days. SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF SUCH MAKE WHOLE AMOUNT BY DEALER AUCTION, LLC TO SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE DEALER AUCTION, LLC A PARTY TO SALE OF THE SELLER’S APPLICABLE VEHICLE OR OTHER TRANSACTION BETWEEN THE SELLER AND THE BUYER.

14. Release

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.”

15. Indemnity

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. Dealer Auction, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. Disclaimers

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.

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, AND DEALER AUCTION, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. DEALER AUCTION, LLC CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.

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. 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 (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION, OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), DEALER AUCTION, LLC IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.

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. DEALER AUCTION, LLC ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. DEALER AUCTION, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL DEALER AUCTION, LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH DEALER AUCTION, LLC OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. DEALER AUCTION, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

17. Limitation of Liability

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 (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) 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 (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), 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). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILIATES, SERVICE PROVIDERS, OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. 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.

18. Third Party Services and Ads

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.

19. Third Party Affiliate Marketing

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.

20. Local Regulations

  • Dealer Auction, LLC makes no representation that the Digital Services or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Digital Services or Content from other locations, you do so on your own initiative and at your own risk.
  • You are responsible for complying with local laws, if and to the extent local laws are applicable. 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.

21. Term and Termination

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.

  • If we close your user account or terminate your use of the Services for any breach of these Terms of Use or the Policies, we will provide you with notice of our actions.
  • If you violate (or attempt to violate) our systems or security, or engage in other illegal or unlawful behavior (for example, using the Services to sell vehicles that are unsafe to drive without first letting us know that this is the case), we may cooperate with relevant third parties, law enforcement, and/or governmental authorities, in order to assist them in resolving such incidents.

22. Fees and Purchases

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 that use the Services acknowledge that any and all taxes, duties, or charges (including, without limitation, VAT, sales, use, import, or similar taxes or charges) that are or become due in relation to the sale of a vehicle or other product (or any associated transport, import, or export of the vehicle or 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. Nevertheless, unless otherwise stated on the listing or by the Seller, all bids are treated as being inclusive of any VAT.

23. Selling Conditions

If you make a request to Dealer Auction, LLC to list a vehicle on the Website, 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. You are also fully responsible in all respects for completing the transaction with the applicable Buyer in accordance with this Agreement and your agreement with the Buyer.

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 (subject to the following sentence) 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. In addition, you must not and must not cause or permit any Buyer of your vehicle or any other person to use such vehicle on the road or otherwise in a way that involves danger of injury to any person, where such vehicle is not roadworthy. For further details about requirements around safety, please consult the Selling Policy and the Buying Policy.

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.

You confirm and promise that you have been honest when informing Dealer Auction, LLC whether you are a Consumer Seller or a Business Seller, and that you will update Dealer Auction, LLC promptly if this changes. If you are not sure whether you are a Consumer Seller or a Business Seller, our Selling Policy provides more information about the difference.

Subject to any circumstances outside of the Seller’s reasonable control, Sellers agree to sell each of their vehicles listed on the Website 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 in connection with the foregoing, 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. The Seller acknowledges and agrees that the offering or provision of such Make Whole Amount is an independent transaction and does not in any way make Dealer Auction, LLC a party to the sale of the Seller’s vehicle or other transaction between the Seller and the Buyer.

If your listing is made available on our Website, 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.

Any bid is deemed to be inclusive of VAT unless specifically stated on the listing. Sellers are responsible for informing Dealer Auction, LLC (at the point of providing their Listing Content) if bids should instead be regarded as VAT-exclusive.

24. Buying Conditions

When using the Services to bid for a vehicle, you acknowledge and agree that:

  • If you place a valid bid on a vehicle and your bid is the highest bid at the end of the relevant auction period, we will share your contact details with the Seller (and vice versa) once you have paid any Fees (including any applicable taxes, duties, or charges); and
  • It is your responsibility (with the Seller) to negotiate the terms of a contract of sale, which should include details of any shipping or delivery fees which are agreed by the parties and any taxes, duties, or charges associated with any shipping or delivery.

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 be sold in a currency other than your local currency. You should be aware that, where this is the case, you will need to bid for and pay for the vehicle in the currency specified on the listing for the vehicle.

Where you are purchasing a vehicle from a Seller in another country, we strongly recommend that you reconfirm all information on the listing with the Seller to ensure you have understood it correctly.

Generally, bids are treated as being inclusive of VAT. However, where this is not the case, it will be stated on the listing for the vehicle. Therefore, we strongly encourage you to check the listing to make sure you understand whether your bid will be inclusive of VAT or not.

Further guidance for Buyers is available in the Buying Policy.

25. Content

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 Website and that use of the Listing Content in connection with the Services won’t infringe any third party’s rights. For example, if you provide photographs of a vehicle to Dealer Auction, LLC, you must ensure that you either own the photographs (i.e., because you took them) or that you have permission from the owner of the photographs to use them in connection with the Services.

When you submit Listing Content to us or post User Content on the Website, you grant us a non-exclusive, irrevocable, worldwide, sublicensable, perpetual (this means forever, or, if applicable, for the duration of any copyright or other rights in that Listing Content or User Content), 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, including your right to be recognized as the author. Dealer Auction, LLC will not own any Listing Content that you provide for the purpose of listing vehicles on the Website.

Because we do not control the accuracy, currency, 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. Where required under applicable law, we will inform you about any removal of your User Content and you will have the opportunity to comment on the removal and object to it. However, any removal for the above reasons is at our sole discretion.

If you wish to report any User Content, for example, because you consider that the User Content contains a defamatory statement, that your intellectual property rights are being infringed by any User Content, or if you consider that any User Content is otherwise unlawful or offensive, please notify us by emailing mail@dealerauction.com.

You are fully responsible for your User Content and assume all risks associated with the 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.

If you provide us with any feedback or suggestions for improving, or regarding your use of, the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. You agree that you will not submit to us any Feedback, information, or ideas that you consider to be confidential or to be owned by someone other than you.

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 Website 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.

26. Returns and Refunds for Vehicles

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. For further detail about this, please see our consumer guidance.

27. Sanctions and Export Control

You confirm that, at all times during your use of the Services and the Website 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:

  • “Sanctions” means any sanction, prohibition, or restriction imposed by any country, state, supranational, or international governmental organization, including the UK, USA, EU, and/or UN,
  • “Sanctions Lists” means any list of individuals or entities with whom transactions are currently or from time to time prohibited or restricted under any Sanctions, including HM Treasury’s Consolidated List of Financial Sanctions Targets and the US Specially Designated Nationals and Blocked Persons List and any other inter-governmental organization’s sanctions list including the UN and EU sanctions lists, and
  • “Export Controls” means laws, regulations, and rules which restrict the transfer of goods to, or the performance of services for, certain persons and entities.

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. You also confirm 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.

28. Data, Privacy, and Ranking

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:

  • Information provided by the User for the purpose of signing up to Dealer Auction, LLC, which includes name, email, address (including postal/zip code and country), phone number, Credentials, whether the User is a Consumer User or Business User, credit card details (if necessary), and where the User is a Business User, EU VAT ID number, and at least one of: (i) fixed landline number, (ii) location of bank account, and (iii) IP address;
  • Listing Content (data submitted by Users in connection with a listing);
  • User Content (content posted by Users directly on the Website, e.g., comments); and
  • Data relating to each User’s activity on the Website, which includes past and present bids made, and comments and listings posted (“Site Activity Data”).

Dealer Auction, LLC provides Users with the ability to view the Site Activity Data relating to themselves or any other User. To view the Site Activity Data, click on the relevant User profile.

Dealer Auction, LLC shares User data (as described in this Section) if:

  • a User is the highest bidder for a vehicle, in which case Dealer Auction, LLC will share the contact details of such highest bidder with the relevant Seller (and vice versa); or
  • it is necessary for the proper functioning of the Service (for example, with Dealer Auction, LLC’s service providers).

The Privacy Notice provides further information about such sharing of data.

Where a User conducts a search on the Website (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.

29. Liability

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 Website 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. In addition, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

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:

  • bugs, viruses, trojan horses, or other malicious software, or any hardware damage obtained or experienced by you through your access to the Services;
  • delays, glitches, errors, inaccuracies, or any other disruptions to the Services;
  • the actions or inactions of other Users or third parties;
  • any actions by you that result in your suspension, restriction, or termination from the Services; or
  • your need to modify the information you provide or your behavior as a result of changes to this Agreement;

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 (including, for the avoidance of doubt, any government authority including any taxing authority in any jurisdiction) (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 to indemnify us for reasonable costs and expenses (including legal fees) incurred by us in defending such Claim. You agree not to settle any Claim or matter without the prior written consent of Dealer Auction, LLC. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

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.

30. Third Party Services, Marketing, and Ads

The Website 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.

31. Complaints about Dealer Auction, LLC

If you have any complaints about our Services or the Website, please contact Support@dealerauction.com.

32. Disputes

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.